Patent office updates, Interesting Patents, CRI Guidelines, Qualcomm v. Apple and Samsung, Recent patent grants, GoDaddy Patent Infringement, Patent Tip of the Week and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Quote of the Week
“Patent Law cannot afford to sit and watch while technology advancement changes its dynamics.” – Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist
Patent stats from the Indian Patent Office
Patent publications have modestly increased this week in comparison to the previous week. While early publications have shown a massive increase of about 236%, ordinary publications have increased by a measly 13%. Total applications granted have also shown a modest increase of 27%. The figures in general indicate a modest increase in activity at the Patent offices.
Early Publications
|
City |
Previous Week | This Week | Percentage of change |
| Delhi | 10 | 8 |
20% decrease |
|
Mumbai |
1 | 60 | 5900% increase |
| Chennai | 19 |
19 |
0% change |
|
Kolkata |
— | 14 | — |
| Total | 30 | 101 |
236.66% increase |
Ordinary Publications
|
City |
Previous Week | This Week | Percentage of change |
|
Delhi |
255 | 243 |
4.70% decrease |
| Mumbai | 230 | 169 |
26.52% decrease |
|
Chennai |
536 | 467 | 12.87% decrease |
| Kolkata | 132 | 434 |
228.78% increase |
|
Total |
1153 | 1313 |
13.87% increase |
TOTAL PUBLICATIONS (Previous Week): 1183
TOTAL PUBLICATIONS (This Week): 1414
Percentage difference: 19.52 % increase
PUBLICATIONS UNDER GRANT
|
City |
Previous Week | This Week | Percentage of change |
| Delhi | 81 | 107 |
32.09% increase |
|
Mumbai |
23 | 24 | 4.34% increase |
| Chennai | 55 | 71 |
29.09% increase |
|
Kolkata |
41 | 52 | 26.82% increase |
| Total | 200 | 254 |
27% increase |
Number of Applications published based on applicant city
From the 1st of January this year Mumbai has contributed 642 patent applications till date while Bangalore comes in at a distant second by contributing 386 patent applications so far. The weekly trend is in agreement with the consolidated list, where Mumbai has contributed 45 patent applications this week and Bangalore has contributed about 27 applications. Delhi, Chennai, Hyderabad and Kolkata have collectively contributed 40 applications this week.
|
List of Cities |
1st January 2017 – till date | 29th April – 5th May 2017 |
| Mumbai | 642 |
45 |
|
Bangalore |
386 | 27 |
| Delhi | 340 |
19 |
|
Chennai |
208 | 11 |
| Hyderabad | 136 |
6 |
|
Kolkata |
76 |
4 |
DESIGNS
Total designs registered this Week: 200
Total designs registered in the previous Week: 199
Percentage Difference: 0.5% increase
Patent Office Updates
WIPO notifies mandatory ePCT onilne filing services for filing International applications
In order to promote the online filing of PCT International applications and to avail the benefits of fee reductions, a notification issued by the office of the CGPDTM has notified applicants that the filing of International patent applications under PCT will have to be made through WIPO’s ePCT online filing services. With effect from May 1st, 2017 the patent office will not be accepting the filing of PCT International Applications in paper form from the applicants or their authorized Patent Agents.
Interesting Patents
Wal-mart files a patent for Amazon-Dash like device
Wal-Mart Stores Inc. has applied for a patent for a technology similar to the Amazon Dash one-button ordering device. The patent application filed in October 2016 titled “Retail subscription in internet of things environment” with application no. 15/297,426 describes adding IoT tags to products based on Bluetooth, radio frequency, infrared, near-field communication. These IoT tags monitor product usage and automatically re-order the products. Further, the system can also track expiry dates and how frequently the products are used.
Although, Walmart’s technology is reminiscent to Amazon Dash, the dash buttons still require users to press a physical button to prompt a reorder. However, Walmart’s system creates an automatic subscription service with no user input.
Microsoft patents personalized responses
The USPTO recently published a patent with application no. 14/930,216 titled “Emotionally Connected Responses from a Digital Assistant” assigned to Microsoft which discloses a system, and method for providing personalized, emotionally connected responses. The personalized responses also include handwritten responses provided in image formats.
Recent Patent Grants
Manipal Institute of Technology granted patent for “Multi lens system for a microscope and a component of a telescope”
The Indian Patent Office has recently granted a patent to the Manipal Institute of Technology for an invention titled “A multi-lens system for a microscope and a component of a telescope” . The invention with application no. 2254/CHE/2009 discloses “a multi lens system comprising a plurality of double convex lenses arranged within a first tube in a particular order and at pre-determined locations such that the multi lens system is a microscope and is a component of a telescope. Another embodiment of the invention relates to a telescope comprising the multi lens system and further comprising a second tube comprising a telescope objective lens.
Apple gets design patent for shopping bag
The USPTO has granted a design patent to tech giant Apple Inc. for an invention simply titled “Bag”. The design patent No. of the application is US D764,939 S. Back in July 2016, Apple had also filed a patent for the paper bag with application no. 15/062,993 which discloses “a bag container formed of white solid bleached sulfate paper with at least 60% post-consumer content.” The handle also contains some novelties. The handle is formed of knitted paper fibers in a tight-knit pattern.
Government Updates
Assocham, SeedFund and others request PM to review the CRI Guidelines
News reports have indicated that Industry associations like Assocham and VC funds like SeedFund among others have written a letter to the PMO seeking review of the Computer Related Inventions (CRIs) guidelines, 2016.
The mentioned bodies have claimed that the CRI guidelines, 2016 lack avenues for companies to patent their research and are in contradiction to the ‘Digital India’ initiative. Citing the BHIM-Aadhaar app, the companies have highlighted the fact that Prime Minister Narendra Modi while launching the app recommended that such technology be patented. However, under the prevailing CRI guidelines such inventions cannot be patented.
Patent Training / Seminars
RGNIIPM to conduct training on patent filing, searching and drafting
The Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM) is conducting training programs on Patent Filing procedures, Patent search, filing procedures of Trademarks, GI, Copyrights, Designs. The training programs range from 1 week programs to 1 day programs. All programs are slated to begin in June this year. Interested candidates may apply to the program by paying the course fee and sending an email to rgniipm.ipo@nic.in. There are no age restrictions and anyone may participate in the program. For further details, please see http://www.ipindia.gov.in/
International Government Updates
Reported delay in ratification of the new Unified Patent Court system by UK
The Unified Patent system seeks to establish a new patent framework across all EU member countries. France has already ratified the same, whereas Germany is yet to ratify the framework. A statement issued recently by the UK Intellectual Property Office states that the ratification will be completed only by the next government, which means till post the forthcoming UK elections are completed no actions will be taken. It is also controversial as to whether or not UK will be part of the system post Brexit as the proposed unified patent system is applicable only to EU member countries.
Patent Disputes
Qualcomm v. Apple – iPhone import ban in U.S?
Apple recently blocked royalty payments to Qualcomm after it sued Qualcomm in January alleging that Qualcomm forces smartphone makers to pay too much for use of its 3G/4G standards essential patents, which are required to be licensed under “fair, reasonable and non-discriminatory” terms.
The patent war is set to get uglier with Qualcomm considering retaliation by asking the U.S. International Trade Commission to ban imports of iPhones into the U.S. Qualcomm had recently announced that an unnamed company failed to pay $150 million in patent royalties owed during the first quarter of this year leaving analysts speculating that this company was none other than the smartphone manufacturer, Samsung.
Patent Licensing
Bluebird bio and GlaxoSmithKline enter into a patent license agreement
Bluebird bio inc, a pharma company specializing in gene therapy has recently entered into a patent licensing agreement with British pharma major GlaxoSmithKline (GSK) for commercialization of gene therapies. Under the terms of the agreement, GSK will non-exclusively license certain bluebird patent rights related to lentiviral vector technology.
Viral vectors are tools commonly used by molecular biologists to deliver genetic material into cells. Lentiviruses are a subclass of Retroviruses which are sometimes used as vectors for gene therapy thanks to their unique integration abilities.
Patent Infringement
Amazon, IBM, HP among others face patent infringement suit
The University of Tennessee Research Foundation (UoT), has sued Amazon, HP and IBM, among others, accusing the tech giants of infringing five of the universities US patents. These patents cover “parallel processing and high performance database design”, a technology that the likes of Amazon, IBM, HP. Microsoft, Google, to name a few use in their services and operations.
The suit has claimed that Amazon has infringed the patents through Amazon Redshift, a warehouse service in the cloud, while IBM has done so through its database product, IBM DB2.
GoDaddy wins the favor of the U.S. Court of Appeals in a patent infringement case
GoDaddy, the American Internet domain registrar and web hosting company recently found favor in a decision of the U.S. Court of Appeals which upheld the decision of the Arizona Federal Court with respect to a patent infringement suit brought about by RPost Communications Ltd.
RPost Communications, an electronic communications company had threatened GoDaddy in 2014 alleging that GoDaddy’s email marketing product infringed on a broad patent of Rpost regarding how email works, including how email bounces back when sent to an address that is no longer active. GoDaddy was then forced to institute a patent invalidation request with the Trial Court in 2014 which it ultimately won in June 2016.
Plant Varieties
Third regional PPVFRA centre established at Shivamogga, Karnataka
A third regional centre of Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) has been established on the campus of University of Agricultural and Horticultural Sciences (UAHS), Shivamogga. While there are two regional centres currently at Guwahati and Ranchi, the Shivamogga centre will include the Karnataka, Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Puducherry and Lakshadweep zones under it.
The Union government has mooted a proposal to establish similar centres in Pune in Maharashtra and Palampur in Himachal Pradesh.
Farmers felicitated for adopting innovative farming techniques
In an event organized by Protection of Plant Varieties and Farmers Rights Authority (PPVFRA), New Delhi, three farmers from Chattisgarh were felicitated. Chaitram Yadav has developed a new variety named “Anguri” by grafting the traditional “Ber” fruit through selection technique. The other two farmers were felicitated for conserving and preserving 15 rare varieties of paddy and 42 varieties of Brinjal respectively.
BananaIP’s Patent Tip of the Week
Benefits of filing a provisional patent application
There are two kinds of patent applications – provisional application and complete application. The best use of a provisional patent application is to establish priority rights as soon as you have an invention or idea that can be patented, but you need more time to perfect the said invention / idea. The provisional application will normally not contain claims and will never itself mature into an issued patent. Complete applications on the other hand contain claims and this type of application does not normally offer the inventor the time or flexibility that a provisional application can.
Therefore if you have an idea that is imperfect and you aren’t entirely sure on what you want to claim, it is best to file a provisional application and secure the priority date. Choice however must be made between the two keeping other factors in mind such as costs, company /personal strategies, etc.
