“Interesting patents and designs based on Christmas, Christmas patents, Santa Claus Patents, Mobile app launched by India Patent Office (IPO), Santa shaped pasta’s, New patent e-filing system by USPTO, GoDaddy v. Rpost, Canada’s move to join Hague Agreement, Patent Maintenance, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Patent Quote of the Week
“A patent grant is only half the story, maintaining the patent is the other half” – Gaurav Mishra, Patent Associate, BananaIP Counsels
Indian Patent Statistics
There has been a drastic fall in the total number of patent applications that have been published this week by the Indian Patent Office. Only 985 patent applications have been published this week as opposed to 1297 applications published last week. Of the 985 patent applications, 55 applications account for early publications while 930 applications are ordinary publications or publications occurring after the 18 month period. Grants have also decreased this week by 5.71%.
Early Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 28 | 9 | 67.85% decrease |
| Mumbai | 10 | 1 | 90% decrease |
| Chennai | 19 | 34 | 78.94% increase |
| Kolkata | 30 | 11 | 63.33% decrease |
| Total | 87 | 55 | 36.78% decrease |
Ordinary Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 629 | 564 | 10.33% decrease |
| Mumbai | 194 | 33 | 82.98% decrease |
| Chennai | 156 | 274 | 75.64% increase |
| Kolkata | 231 | 59 | 74.45% decrease |
| Total | 1210 | 930 | 23.14% decrease |
TOTAL PUBLICATIONS (Previous Week): 1297
TOTAL PUBLICATIONS (This Week): 985
Percentage difference: 24.05% decrease
PUBLICATIONS UNDER GRANT
| City | Previous Week | This Week | Percentage of change |
| Delhi | 93 | 81 | 12.90% decrease |
| Mumbai | 24 | 12 | 50% decrease |
| Chennai | 87 | 80 | 8.04% decrease |
| Kolkata | 41 | 58 | 41.46% increase |
| Total | 245 | 231 | 5.71% decrease |
Number of Applications published based on applicant city
Of the total 985 patent applications published this week, Mumbai, Bangalore, Kolkata, Chennai, Delhi and Hyderabad have contributed a total of 88 applications. The total applications from each of the previously mentioned cities are as follows – 13 from Mumbai, 31 from Bangalore, 14 from Delhi, 11 from Chennai, 11 from Hyderabad and 8 from Kolkata.
| List of Cities | 1st January 2017 – till date | 9th December 2017 to 15th December 2017 |
| Mumbai | 1570 | 13 |
| Bangalore | 1440 | 31 |
| Delhi | 856 | 14 |
| Chennai | 923 | 11 |
| Hyderabad | 554 | 11 |
| Kolkata | 411 | 8 |
Total number of applications published by the Indian Patent Office from the 1st of January 2017 till 15th December 2017: 36654
- Early publications: 2981
- Ordinary Publications: 33673
Total number of patents granted by the Indian Patent Office from the 1st of January 2017 till 15th December 2017: 12389
- Delhi – 5079
- Mumbai – 1275
- Chennai – 4159
- Kolkata – 2366
First Examination Report (FER) Statistics
A total of 958 FER’s have been issued this week. Applicants and their agents can check if any of their patent applications have been examined by referring the journal available here.
| City | No. of FER Issued |
| Delhi | 335 |
| Mumbai | 128 |
| Chennai | 327 |
| Kolkata | 168 |
| Total | 958 |
Indian Industrial Designs Statistics
The designs office at Kolkata has registered a total of 230 designs this week. This marks a decrease of about 1.70% from the total number of designs registered in the previous week. The total designs registered from the 1st of January 2017 till date now adds to 9232 applications.
Total designs registered in the previous Week: 234
Total designs registered this Week: 230
Percentage Difference: 1.70% decrease
Total designs registered from the 1st of January 2017 till date: 9462
Interesting Patents & Designs
In keeping with the Christmas spirit, we continue with our list from last week to bring to you interesting patents and designs from across the world based on the theme of Christmas.
Patent Application 1 – Santa Claus visit kit
Kids across the world find the greatest joy when they are told that Santa slid down the chimney and brought them presents while they were asleep in bed. A patented invention called the ‘Santa Claus visit kit’ (US 10/926,815) seeks to double the joy in children by creating an illusion that Santa Claus did in fact visit the house.
The abstract text of the patent reads as follows: “ A kit for creating an illusion that suggests a Santa Claus visit in a premises is disclosed. The kit includes items revealed to a child audience. These items include a displayer at which small items can be placed, and amusement items for use by at least a member of the child audience in carrying out steps that the child audience is invited to believe will assist Santa Claus in making the visit. The kit also includes items at least temporarily concealed from the child audience. The concealed items include means for making boot print resembling marks to mark an illusionary trail of Santa Claus in the premises. (The abstract has been taken from the patent specification as is and has not been corrected for errors.)
Patent Application 2 – Talking Santa Clause Device With Red Light For Inside The Chimney
Another patent application that seems to be aimed at bringing a smile to children and adults alike is titled ‘Talking Santa Clause Device With Red Light For Inside The Chimney’. The invention (US 14/158,820) creates an illusion that Santa Claus is on the roof and his reindeer Rudolph is looking down the chimney with his glowing red nose.
The abstract of this invention reads as follows: “An electronic device to be hidden in the fireplace to create the illusion that Santa Claus is on the roof and his reindeer Rudolph is looking down the chimney with his glowing red nose. The present invention is an electronic device that is magnetically attached to the fireplace damper handle or damper so that it is out of visual sight. More particularly, the device is magnetically attached to the damper handle as close to the damper as possible. The device will play audio in the voice of Santa Claus giving the illusion that the voice is coming from the roof down the chimney.” (The abstract has been taken from the patent specification as is and has not been corrected for errors.)
How we wish we could be children again!
Design 1
Does anyone want to have Santa for breakfast? No we are not kidding! The New Zealand Designs office granted registration to pasta shaped like Santa way back in 1991. Oh! what’s more? You can buy the Santa shaped pasta on Amazon!
Image source: Pinterest
Design 2
The second interesting design application for this week is called “Candy dispensing santa”. The design number US D451768 S1 is basically a candy dispenser shaped in the form of everybody’s favorite, Santa Claus. This dispenser is also available in the market and would certainly make for a great decorative piece this Christmas season.
Image Source: Amazon.com
Patent Office Updates
Mobile APP by IPO launched
After a long wait since the idea was first announced, the Office of the Controller General of Patents, Designs & Trade Marks finally launched the official “Mobile APP” for intellectual property rights. Called “Intellectual Property India”, the app is available for download on Google Playstore. The app essentially integrates all of the information and features available on the official website of the Indian Patent Office. Applicants can now easily monitor the status of their patent applications by entering the details into the app. While the launch of the app is certainly late, it’s better late than never.
Patent disputes, Infringement and settlements
U.S. Supreme Court rules in favor of GoDaddy
The U.S. Supreme Court recently declined to hear a patent litigation case between GoDaddy and RPost Communications Ltd. after RPost had appealed to the Supreme Court against the appellate board’s decision in favor of GoDaddy last month.
RPost Communications Ltd., the Los Angeles-based creator of the RMail secure and certified electronic communications company had alleged in its suit that GoDaddy’s email marketing product infringed on a broad patent regarding how email works, including how email bounces back when sent to an address that is no longer active.
International Patent & Design Updates
USPTO to Launch New Patent E-Filing System In 2018
The U.S. Patent and Trademark Office (USPTO) has announced that it would release a new “user friendly” electronic filing system for patent applications in 2018. USPTO Commissioner for Patents Drew Hirshfeld unveiled a plan to launch a beta version of the “Patent Center” filing system, which will eventually replace the office’s two current “patent applicant information retrieval” and web-based patent application systems in 2019.
The new features will include the ability to upload multiple documents at a time, drag-and-drop documents, and save submissions at any time. This will also allow applicants to file and view their documents in one location.
Canada closer to joining the Hague Agreement
After the Canadian Governor-in-Council took the formal step of publishing the newly proposed Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette, Canada appears to be inching closer to being a party to the Hague Agreement. Canada’s Industrial Design Act and Regulations are being amended to allow Canada to join the Hague Agreement which would allow for the International Registration of Industrial Designs by Canadian applicants. The Hague Agreement provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees, resulting in cost and time savings.
BananaIP’s Patent Tip of the Week
Patent Maintenance
A patent grant is only half of the story; maintenance of that patent is the other half. In India, when a patent is granted after the expiry of two years from the date of filing the patent application, the renewal fee(s) must be paid within three months from the date of grant of the patent and within the extended time of six months.
When an applicant fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting for extension of time, the patent ceases to have an effect. Patents that have lapsed, due to non-payment of renewal/maintenance fee may be restored within eighteen months from the date of lapse by paying the entire fee that was due along with a statement and evidence to indicate that the non-payment of renewal/maintenance fee was unintentional.
Author: BIP’s 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.
