“Choosing an ISA for your PCT application, a patent for portable toilets at sea, compost making device, Apple and Nokia settlement, Automatic Patent Grant by Brazilian PTO, Patent Backlog, Patent Tip of the Week and more weekly news updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age Patent Firm.
Patent Quote of the Week
“The strength of a patent doesn’t come from its claims, it comes from the invention.” -Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist, BananaIP (BIP) Counsels.
Indian Patent Statistics
A total of 614 patent applications have been published this week. While 35 of these patent applications are early publications, the remaining 579 applications are ordinary publications. Although both publications and grants have seen an increase in the figures since last week, the change is merely noticeable. While, total publications have increased by 17.85%, grants have increased by a mere 0.71%
Early Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 0 | 0 | Nil |
| Mumbai | 35 | 17 | 51.43% decrease |
| Chennai | 22 | 18 | 18.18% decrease |
| Kolkata | 0 | 0 | Nil |
| Total | 57 | 35 | 38.6% decrease |
Ordinary Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 205 | 184 | 9.76% decrease |
| Mumbai | 19 | 99 | 421.05% increase |
| Chennai | 231 | 286 | 23.81% increase |
| Kolkata | 9 | 10 | 11.11% increase |
| Total | 464 | 579 | 24.78% increase |
TOTAL PUBLICATIONS (Previous Week): 521
TOTAL PUBLICATIONS (This Week): 614
Percentage difference: 17.85% increase
PUBLICATIONS UNDER GRANT
| City | Previous Week | This Week | Percentage of change |
| Delhi | 139 | 137 | 1.44% decrease |
| Mumbai | 26 | 24 | 7.69% decrease |
| Chennai | 72 | 84 | 16.67% increase |
| Kolkata | 43 | 37 | 13.95% decrease |
| Total | 280 | 282 | 0.71% increase |
Number of Applications published based on applicant city
Of the total 614 patent applications published this week, Mumbai, Bangalore, Kolkata, Chennai, Delhi and Hyderabad have contributed 118 applications in total. While Chennai has contributed the maximum number of applications this week once again, Kolkata’s contribution remains nil. The total applications from each of the previously mentioned cities are as follows – 43 applications from Chennai, 30 applications from Bangalore, 19 applications from Delhi, 15 applications from Hyderabad and 11 applications from Mumbai.
| List of Cities | 1st January 2017 – till date | 22nd July 2017 – 28th July 2017 |
| Mumbai | 865 | 11 |
| Bangalore | 687 | 30 |
| Delhi | 528 | 19 |
| Chennai | 375 | 43 |
| Hyderabad | 240 | 15 |
| Kolkata | 95 | 0 |
Total number of applications published by the Indian Patent Office from the 1st of January 2017 till 28th July 2017:15342
- Early publications: 1524
- Ordinary Publications:13818
Total number of patents granted by the Indian Patent Office from the 1st of January 2017 till 28th July 2017:6896
- Delhi – 3047
- Mumbai – 655
- Kolkata – 1286
- Chennai –1908
Indian Industrial Designs Statistics
The designs office at Kolkata has registered a total of 168 designs this week. This translates to a 10.53% increase from the total designs registered in the previous week. The total designs registered from the 1st of January 2017 till date now adds up to 5286 applications.
Total designs registered in the previous Week: 152
Total designs registered this Week: 168
Percentage Difference: 10.53% increase
Total designs registered from the 1st of January 2017 till date: 5286
Patents, Startups, Innovations
Ride your bike and charge your phone
A Chennai based startup founded by a city based engineering student has recently been making news after the student invented a charger which can be used to charge electronic devices through two-wheelers. The product is already being sold in the market under the brand name of ‘Power Aid’ and a patent has been filed for the same by the company with the Indian Patent Office. The patent application titled “AN ACCESSORY SYSTEM FOR VEHICLE” has been allotted the application number 201641036900 and is currently awaiting examination. The abstract text of this invention reads as follows:
“An accessory system for vehicle contains two main components such as port and integrated circuit. The present invention further comprises a circuit board, control switch, monitor, tracking device, anti-theft module and solar panel. The said system acts as a due port charger for gadgets, controls theft of vehicle, avoids life loss on accident and acts as a tracking and route guiding system and more particularly it works using Solar energy. The system is a safety and emergency system.” (Abstract has been taken from the patent application as is and has not been corrected.)
Interesting Patents and Designs
Two interesting patent applications have been published by the Indian Patent Office in the Journal of Patents and Designs dated 28th of July 2017. While the first application discloses a system and device that detects urinary problems in infants using Internet of Things (IoT), the second application is titled “ladder type portable toilet for trawler boat” and discloses an invention which aims to help fishermen in relieving themselves at sea in a safe, hygienic and environmentally friendly manner.
Patent Application 1:
Title: WEE-WEE: IOT BASED INFANT URINARY PROBLEM DETECTOR
Application No. 201721025952
Applicants: VAIDEHI SUNIL GAWANDE
Abstract: “Urine related issues and urinary tract infection (UTI) and are very common in infants and young children, since they cannot tell about their discomfort it becomes difficult for caregivers to understand the symptoms. Dehydration and urine related issues generally goes undetected at an early stage and even for prolonged time, causing permanent damage to vital organs like kidney, ureters, urethra, bladder and also causes death in few cases. Such risk and the rate of morbidity and mortality in infants can be mitigated by detecting, monitoring, treating urine related problems at an early stage. The invention is directed to overall health care of infants by monitoring body temperature, particularly focusing on detection of markers present in urine, indicating urinary problems which are then communicated to caregivers through internet over smartphone, and consequently aiding caregivers for raising a healthy baby.” (Abstract has been taken from the patent application as is and has not been corrected.)
Patent Application 2:
Title: LADDER TYPE PORTABLE TOILET FOR TRAWLER BOAT
Application No. 201641045001
Applicants: KALASALINGAM UNIVERSITY
Abstract: “As their profession, Fishermen travel for a long period into the sea usually in a small size trawler boat. Present scenario proves that there is no proper toilet facility imposing safe and hygienic means as the excretion is done by just sitting on side edge of the boat by holding a wooden post, fishermen are posed to risk of falling into the sea (50m to 50.0m in depth) due to this practice. To overcome the above risk, this invention of Ladder Type Portable Toilet for Trawler Boat is for fishermen traveling in the trawler boat during fishing. This portable toilet is designed in such a way which is beneficial in 2 ways (i.e) providing safe and hygienic toilet facility for the fishermen and a sludge collecting tank to protect the sea water from being contaminated by the human waste.” (Abstract has been taken from the patent application as is and has not been corrected.)
Interesting Design Patents (Industrial Designs)
DEVICE FOR MAKING COMPOST
The way some people stand out of the crowd, it appears so do industrial designs. Here is an interesting design published in the Journal of Patents and Designs this week that caught our attention. The article is called a “DEVICE FOR MAKING COMPOST” (Design Number 286447) and has been granted to the NATIONAL INSTITUTE OF DESIGN, Ahmedabad. The article looks like a cuboidal box or trash can with a certain degree of similarity to an ice cream cart. The box has two large wheels on either side which appear to be atleast one and a half times larger than the box itself. The article has been registered under class 09-03 relating to “BOXES, CASES, CONTAINERS, (PRESERVE) TINS OR CANS”. A photo of the article can be seen here below.
Patent disputes, infringement and settlements
Apple asked to pay 506 million dollars to University of Wisconsin
A US judge has ordered Apple to pay $506 million to the University of Wisconsin-Madison for infringing a patent owned by the University. The University won this particular case in October 2015 and the jury had then asked Apple to pay a fine of $234 million. The latest order however has more than doubled the fine to 506 million dollars. Judge William Conley in his order said that the University was entitled to additional damages because Apple continued to infringe on the University’s patent until it expired in December 2016. Apple is appealing the ruling, according to the court papers, but no official statements have been released by Apple in this regard.
Apple and Nokia settle Patent Lawsuit for 2 Billion dollars
Nokia and Apple settled a long standing patent dispute in May this year, however the terms of that settlement weren’t disclosed by either of the companies then. The terms of that settlement have now been disclosed and it looks like Nokia has received a massive 2 billion dollars upfront cash payment. The terms of the new licensing deal are yet to be disclosed, including, whether Nokia would receive a US $2 billion quarterly payment or whether this was a non-recurring catch-up settlement. News reports have however raised doubts that a 2 billion dollar quarterly payment could be on the cards.
International Patent News
Brazilian Government is considering granting over 230,000 patents to eliminate backlogs
It appears that the Brazilian Government is considering an emergency measure to eliminate the Patent Office’s chronic backlog problem by automatically granting 230,000 pending applications by 2020. The Government has labeled this proposed emergency measure an “extraordinary solution” for the problem, and a draft of the plan is likely to be introduced for public discussion soon.
According to the proposed plan, the solution will have an at-will applicant opt-out clause and interested third parties would have up to 90-days to file pre-grant oppositions after an application is pre-approved for an automatic grant. The Brazilian PTO currently relies on 324 examiners and even if the Brazilian PTO doubles the current headcount, it would still take eight years to eliminate the backlog.
This situation is similar to the state of affairs at the Indian Patent Office, which is currently facing a backlog of about 8 years despite a higher and almost double the head count of examiners in comparison to the Brazilian PTO.
Plant Varieties News
Agali pepper gets Union government recognition
The Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) has granted registration to a unique variety of pepper called Agali Pepper (black pepper). The Certificate of Registration issued by the PPVFRA has declared that George Kalluvellil Varkey of Thachampara, who has 16 acres of this unique variety of pepper farm has developed Agali Pepper or black pepper (Piper nigrum) and is therefore the ‘ true breeder’ (or the legal representative or assignee of the true breeder) of the plant variety.
The Agali Pepper it seems is not just high yielding but is also resistant to diseases, heat and attack from birds.
BananaIP’s Patent Tip of the Week
Choosing an ISA (International Search Authority) while filing a PCT application
The International Search Report (ISR) is a fundamental part of the PCT procedure. Once a PCT application is filed, an International Search Authority (ISA) performs a search of the prior art, and provides the results to the applicant in the form of an ISR. The applicant can use the ISR to gain an insight into what prior art they might encounter during examination after national phase entry.
As of today, an Indian applicant filing a PCT application must elect one among the following International Search Authority’s (ISA) to conduct a search for his/ her PCT application. These are Austria, Australia, China, Europe, India, Sweden and USA. Indian applicants often face some confusion on the ISA that they ought to prefer. When choosing the appropriate ISA, applicants may consider the following factors:
- Cost;
- National Phase Countries;
- Quality; &
- Speed
Author: BIP Patent Attorneys
Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, and Titan. They specialize in IT/Software, Electronics/Telecom, Mechanical, Automotive, and Bio/Pharma domains, and help clients with patent filing, prosecution, management and strategy in India, and across the world.
The weekly patent news initiative is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Patent Attorneys – contact@bananaip.com.
