In this week’s Patent News – Indian Designs added to WIPO Global Design Database; EPO invalidates Amgen’s patent claims protecting drug – Praluent, rules in favor of Sanofi and Regeneron; TikTok Inc. files suit for declaratory relief against Triller; Jury verdict directs Apple to pay $500 million to VirnetX by way of damages; UK IPO publishes information on the changes to UK intellectual property law from 1st January 2021; USPTO hosts ID5 6th Annual Meeting, commemorates the 5th anniversary of the ID5 forum; SAIP organizes IP20+ Global Intellectual Property Challenges Forum and other news updates.
INDIAN DESIGNS NEWS
Indian Designs now added to WIPO Global Design Database
Indian design (industrial designs) applications have now been added to the WIPO Global Design Database which implies that a person using the WIPO design database will now be able to search and view almost all the design applications filed and registered with the Indian designs office. A basic search indicates that over 59,000 Indian design applications have been added to the database. The WIPO design database may be accessed at https://www3.wipo.int/designdb/en/
PATENT INFRINGEMENT NEWS UPDATES
EPO invalidates Amgen’s patent claims protecting drug – Praluent, rules in favor of Sanofi and Regeneron
On 29th October, 2020, the European Patent Office (EPO) Technical Boards of Appeal invalidated certain patent claims of the European Patent – EP 2215124, owned by Amgen. The EP patent protects a drug named ‘Praluent,’ sold in over 60 countries. As reported by Global Newswire, the EPO ruling comes in furtherance to the 2019 ruling by the District Court for the District of Delaware. The District Court of Delaware also ruled in favor of Sanofi and Regeneron Pharmaceuticals after finding Amgen’s patent claims to be invalid based on lack of enablement.
TikTok Inc. files suit for declaratory relief against Triller
In the month of July 2020, Triller, a popular video sharing platform, had filed a patent infringement suit against TikTok Inc. The lawsuit, filed in the Western District of Texas, was in reference to Triller’s US Patent No. 9,691,429 titled “Systems and methods for creating music videos synchronized with an audio track.” In furtherance to this suit, ByteDance Inc. and TikTok Inc. recently moved the Western District Court of Texas to seek a Declaratory Relief. In its declaratory action plea, TikTok has stated that the infringement allegations are untrue and that it does not infringe the claims of the referenced U.S patent.
A declaratory relief refers to a court’s judgement stating the rights of parties without ordering any specific action or awards by way of damages. The plaintiff can seek a remedy thorough the means of a declaratory relief when he is in doubt of the status of his legal rights.
Jury verdict directs Apple to pay $500 million to VirnetX by way of damages
As per a recent verdict by a Jury in Texas, Apple Inc. has been directed to pay $503 million as damages for infringing a patented technology owned by VirnetX. According to reports, VirnetX argued that the jury was entitled to award $700 million as damages, while Apple counter argued that only $113 million was payable. The jury later settled the royalty rate at 84 cents per unit, amounting to $503 million.
INTERNATIONAL PATENTS AND DESIGNS NEWS UPDATES
New report by US PTO indicates 100% increase in number of AI-related patent applications
As per a new report published by the United States Patent and Trademark Office (US PTO), the number of Artificial Intelligence (AI) related patent applications, received annually, have doubled from 2002 to 2018. The report titled – “Inventing AI: Tracing the diffusion of artificial intelligence with U.S patents,” indicates that the annual AI patent applications have grown from 30,000 in 2002 to more than 60,000 in 2018. The U.S. Secretary of Commerce Wilbur Ross, issued a statement saying “I am pleased to see this rapid increase in artificial intelligence patent applications received by the US PTO, as artificial intelligence is becoming an integral part of our everyday lives.”
You may click here to access the full report.
UK IPO publishes information on changes to UK intellectual property laws from 1st January 2021
The Govt. of UK on its official website has published ‘key information’ for customers and users of IP in respect of how the IP system and the Intellectual Property Office will operate after the end of the transition period which ends on the 31st of December 2020. According to the website, from 1st January 2021 there will be changes to UK intellectual property law to ensure the smooth departure from EU IP systems.
Summary of key changes to come into effect from 1st January 2021:
1. Use of representatives and address requirements to represent
UK attorneys will be unable to represent clients on new applications or new proceedings at the EU Intellectual Property Office (EUIPO). However, the Withdrawal Agreement (WA) ensures that UK legal representatives can continue to represent their clients before the EUIPO in cases that are ongoing at the end of the transition period.
2. Changes to IP rights in respect of Patents, Trademarks, Designs, International Trade Marks and Designs, Unregistered designs, Copyrights and Geographical Indications.
With respect to patents, in accordance with the existing patent filing system, applications can be filed with the UK IPO or the European Patent Office (EPO) to protect the invention in over 30 countries under the European Patent Convention (EPC). As the EPO is not an EU agency, there will be no changes in process of securing patent rights.
In respect of designs, re-registered UK designs will be created by the IPO at the end of the transition period, under the terms of the Withdrawal Agreement. A re-registered design will be created for every Registered Community Design (RCD). No application fee will be applicable. Further, the IPO will not issue a UK registration certificate.
International TMs and designs designating the EU will continue to have protection in the UK under the terms of the Withdrawal Agreement. The IPO will create a re-registered UK design for every international design. Where an applicant has applied for the protection of an International design designating the EU and a protection has not been granted, the applicant will have nine months to apply for the same right as a UK design.
3. Grant of Supplementary Protection Certificates (SPCs)
The Withdrawal Agreement ensures that SPC applications which are pending at the end of the transition period will be examined under the current framework. Any SPC which is granted based on those applications will provide the same protection as existing SPCs
To read the detailed information click here.
USPTO hosts ID5 6th Annual Meeting, commemorates the 5th anniversary of the ID5 forum
The United States Patent and Trademark Office (US PTO) virtually hosted the 6th edition of the ID5 Annual Meeting on 29th and 30th October 2020. ID5 is the multilateral cooperation forum, consisting of the five largest Design Offices in the world, namely, the China National Intellectual Property Administration (CNIPA), the European Union Intellectual Property Office (EUIPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the United States Patent and Trademark Office (USPTO). The ID5 Forum was inaugurated in 2015 to aid cooperation among members in the field of designs registration. As reported by EUIPO on its official website, ID5 offices approved five new initiatives – the ‘Exchange of New Technologies’ by the EUIPO, ‘Joint Communication Action’ by the EUIPO and the KIPO, ‘Deferment of Publication’ by the KIPO and the USPTO, the ‘ID5 5-Year Review’ and ‘A Study of Term of Protection’ by the USPTO. The offices have also agreed that CNIPA will be will be hosting the 7th edition of the ID5 in 2021.
SAIP organizes IP20+ Global Intellectual Property Challenges Forum
The Saudi Authority for Intellectual Property (SAIP) recently hosted the IP20+ Global Intellectual Property Challenges Forum on 26th October, 2020. Due to the COVID-19 pandemic, the event that was previously scheduled to be held in Riyadh, Saudi Arabia, was forced to be held online. The Forum witnessed the presence of all the Heads of the IP offices of in the G20 countries. As reported by official EUIPO website, the IP offices released a Joint Statement identifying the importance of IP and the upcoming direction of the IP20+ initiatives that the offices have adopted to combat the effects of the pandemic.
You may click here to access the Joint Statement.
Authored and compiled by Vibha Amarnath
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