Patent Validity, Interesting patents from Google, TVS & Microsoft, DIPP and WIPO agreement, WIPO Summer School on IP, Apple and Samsung versus Qualcomm, Seminars, and Conferences, Startup patents, Expedited examination and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Patent Quote of the Week
“Patent Validity is a figment of legal interpretation, it can be contested, reversed and cancelled any time before expiry.” – Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist
Patent stats from the Indian Patent Office
Activity at the Patent office has decreased substantially this week. Putting together early and ordinary publications, there is a sharp 36.06% decrease in the number of publications. Total grants have also suffered a massive reduction of 50%. This week’s journal contains two additional classes of applications: Applications with respect to a change in name or address and Application for restoration of lapsed patents.
While 4 applications have been published by the Kolkata Patent Office with respect to change in name or address, 5 applications have been published by the Delhi Patent Office, inviting objections to the restoration of lapsed patents. The objections with respect to the applications made in respect of change in name or address will have to be filed within 3 months from the date of publication while objections with respect to the restoration of lapsed patent must be made within a period of 2 months from the date of publication.
Early Publications
|
City |
Previous Week | This Week | Percentage of change |
| Delhi | 8 | 11 |
37.5% increase |
|
Mumbai |
60 | 16 | 73.33% decrease |
| Chennai | 19 | 21 |
10.352% increase |
|
Kolkata |
14 | 1 | 92.85% decrease |
| Total | 101 | 49 |
51.48% decrease |
Ordinary Publications
|
City |
Previous Week | This Week | Percentage of change |
| Delhi | 243 | 212 |
12.75% decrease |
|
Mumbai |
169 | 76 |
55.02% decrease |
|
Chennai |
467 | 293 | 37.25% decrease |
| Kolkata | 434 | 274 |
36.86% decrease |
|
Total |
1313 | 855 |
34.88% decrease |
TOTAL PUBLICATIONS (Previous Week): 1414
TOTAL PUBLICATIONS (This Week): 904
Percentage difference: 36.06% decrease
Publications under Grant
|
City |
Previous Week | This Week | Percentage of change |
| Delhi | 107 | 56 |
47.66% decrease |
|
Mumbai |
24 | 17 | 29.16% decrease |
| Chennai | 71 | 33 |
53.52% decrease |
|
Kolkata |
52 | 25 | 51.92% decrease |
| Total | 254 | 131 |
48.42% decrease |
Number of Applications published based on applicant city
Mumbai, Bangalore, Delhi, Chennai, Hyderabad, and Kolkata have contributed a total of 67 applications this week, raising the cumulative total from 1st January 2017 till date to 1855 applications(from the metros). The weekly stats for applications published based on applicant city have differed from the usual trend; this week Kolkata vacates its bottom position and has taken the fourth place below Mumbai, Bangalore, and Delhi. Hyderabad too has shifted one place up, putting Chennai at the bottom of the table.
|
List of Cities |
1st January 2017 – till date | 6th May 2017- 12th May 2017 |
| Mumbai | 667 |
25 |
|
Bangalore |
398 | 12 |
| Delhi | 351 |
11 |
|
Chennai |
212 | 4 |
| Hyderabad | 142 |
6 |
|
Kolkata |
85 |
9 |
Number of Applications Published by Inventor City
Bangalore retains the top position with the maximum number of applications published based on inventors residence. Mumbai is at a distant second position with 61 applications, followed by Chennai, Hyderabad, Delhi and Kolkata. The cumulative total of all the cities put together from the beginning of this year does not exceed even 50% of the applications contributed solely by Bangalore.
|
List of Cities |
1st January – till date |
| Bangalore |
378 |
|
Mumbai |
61 |
|
Chennai |
49 |
|
Hyderabad |
32 |
| Delhi |
23 |
|
Kolkata |
12 |
Total Grants
A total of 4408 applications have been granted so far since the 1st of January this year, the grant trend based on the jurisdiction of the patent office is as follows:
- Delhi – 2030 grants
- Chennai – 1113 grants
- Kolkata – 829 grants
- Mumbai – 436 grants
Industrial Designs
Total designs registered this Week: 163
Total designs registered in the previous Week: 200
Percentage Difference: 18.50% decrease
Recent Grants
Google gets Indian patent for system to spot good and bad phrases
Search giant Google Inc. has been granted an Indian patent for an invention titled “Phrase identification in an information retrieval system”. According to the description of the application, the phrase spotting operation identifies good and bad phrases in the document collection that are useful to indexing and searching documents.
The Abstract of the invention reads as follows:
“An information retrieval system uses phrases to index, retrieve, organize and describe documents. Phrases are identified that predict the presence of other phrases in documents. Documents are the indexed according to their included phrases. Related phrases and phrase extensions are also identified. Phrases in a query are identified and used to retrieve and rank documents. Phrases are also used to cluster documents in the search results, create document descriptions, and eliminate duplicate documents from the search results, and from the index.”
TVS patents hybrid two-wheeler
TVS Motor Company has been recently granted an Indian patent for a power propulsion system for a hybrid two-wheeler provided with a hub motor. The hybrid two wheeler is equipped with two power sources, an internal combustion engine and an electric motor. The patent application was filed at the Chennai Patent Office in 2008.
Microsoft awarded US patent for “Wearable food nutrition feedback system”
The USPTO recently awarded a patent to the American multinational technology supergiant Microsoft for an invention titled “Wearable food nutrition feedback system” bearing the application no. 14/878,512. The invention discloses a wearable nutrition information feedback system that uses augmented reality headwear to send users nutritional advice based on their nutritional needs. According to the application, the glasses give the users general warnings about their nutritional intake, food consumptions, and social interaction. The device also includes sensors that can identify food items.
IP Office Updates
DIPP and WIPO sign agreement to establish Technology and Innovation Support Centers
The Department of Industrial Policy and Promotion (DIPP) and World Intellectual Property Organization (WIPO) recently signed an agreement to establish Technology and Innovation Support Centers (TISC) in India. The objective of these centers would be to boost generation and commercialisation of intellectual properties by providing a platform to innovators for knowledge sharing, capacity building and sharing of best practices among over 500 TISCs operating worldwide.
The services likely to be offered by the TISC’s include – Access to online patent and non-patent (scientific and technical) resources and IP-related publications; Assistance in searching and retrieving technology information; Training in database search; On-demand searches (novelty, state-of-the-art and infringement); Monitoring technology and competitors; and Basic information on industrial property laws, management and strategy, and technology commercialisation and marketing.
CIPAM or Cell for IPR Promotion and Management will act as the National Focal point for the TISC national network acting as the main intermediary between WIPO and TISC host institutions.
WIPO – India Summer School on IP
The Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM), Nagpur will be offering a 2 week Summer School program on IP from 6th November 2017 to 17th November 2017. The registrations to the program are open from 11th May 2017 to 31st August 2017.
The Summer School program will provide an opportunity to senior students and young professionals to acquire deeper knowledge of each domain of intellectual property (IP) and of the role and functions of WIPO. The program will consist of lectures, case studies, simulation exercises and group discussions on selected IP topics, with an orientation towards the interface between IP and other disciplines.
A certificate of participation will also be awarded to participants who successfully complete the program requirements.
For further details on the program, click here.
Startups and Patents
A Mysore based startup called Allinnov Research and Development Pvt Ltd. has recently gained attention by filing 25 patents in a short span of 18 months with the Indian Patent Office. Although the list of awardees of the National Intellectual Property Award-2017 has not yet been published by the DIPP on the official website, news reports indicate that the Mysuru based startup was recognized as the ‘Top Start-up for IP Commercialization’.
The promising startup has already filed patent applications for their innovative products like toothbrush along with toothpaste, self-charging phones, self-heating coffee mugs, stored water purification device, helmet lock among others
Seminars and Conferences
Seminar on Industrial Designs
A one-day seminar on Industrial Designs is being organized by the Confederation of Indian Industry (CII) in association with the United Kingdom Intellectual Property Office (UKIPO) on May 29th, 2017 at Mumbai. The purpose of this Seminar is to discuss on overview of Industrial Designs, its benefits along with the know-how on tools and software which assist in new product development. It also aims to discuss the importance and nuances of design registration in India & UK followed by a few Case Studies.
Interested candidates may write to nabanita.mukherjee@cii.in or contact 91-124-4014060/67 for further details.
International Patent News and Updates
US court rules in favor of Zydus Cadila
A US federal court recently ruled in favor of the US subsidiary of the Indian pharma major Zydus Cadila in a patent infringement case involving the patented gastro drug – Lialda (mesalamine). The United States Court of Appeals for the Federal Circuit affirmed that the proposed generic version of Lialda by Zydus Pharmaceuticals (USA) Inc. did not infringe the U.S. Patent No. 6,773,720 granted to Shire Pharmaceuticals.
Shire Pharmaceuticals is an Irish company that holds the patent rights over Lialda. The patent for the drug is due for expiration in 2020. Zydus was the first pharmaceutical company to file an abbreviated new drug application (ANDA) for a generic version of Lialda in 2016 in the United States.
Apple and Samsung on the same page against Qualcomm!
In an extremely rare occurrence, rivals Apple and Samsung have come together to side with the FTC in an anti-trust case against Qualcomm. On May 12th, 2017, the U.S. Federal Trade Commission submitted written arguments with the U.S. District Court in Northern California on why its anti-trust lawsuit against Qualcomm should proceed.
The FTC sued Qualcomm in January, alleging that the chip maker uses its dominant market position in cellular radios to force smartphone makers to pay too much to license its large portfolio of cellular patents. Intel and Samsung submitted their documents to the Court siding with the FTC alleging that Qualcomm’s refusal to license standards-essential patents on FRAND terms discourages smartphone firms from buying modems from anyone but Qualcomm.
Apple had also recently hit out at Qualcomm by blocking royalty payments to the chip maker, thus prompting Qualcomm to seek a ban on import of iPhones into the US.
International Designs News
Design used by Google awarded the Gold Edison Award
The Google OnHub industrial design, designed by a San Franciso company called Whiplash was recently conferred with the prestigious Gold Edison Awards. The Edison Awards, since its inception in 1987 are known to foster and recognize innovative new designs. The product for which the design is awarded is a Wi-fi router, containing 13 antennas arranged in a cylindrical shape to facilitate wireless signal performance.
Plant Varieties News
Valencian Company to develop and manage protected plant varieties worldwide
A new company called, Genesis Innovation Group aims to bring together a group of firms to develop and manage new varieties of pomegranates, table grapes, Japanese Persimmons and other fruits. The technique of genesis farming will be employed by the company to develop new varieties in the aforementioned spectrum. In addition to producing and manufacturing these new plant varieties, the company intends to conduct varietal improvement programs. Further, the company will evaluate nurseries and experimental farms with regard to each variety that is produced and issue grade certificates for the same.
BananaIP’s Patent Tip of the week
Request for Expedited Examination
Request for Expedited Examination of a patent application is a commendable initiative introduced by the Government to reduce the time taken to examine patent applications. Request for Expedited Examination may be filed by an applicant who:
- Is a start-up;
- Was a start-up at the time of filing the patent application;
- Has chosen India as an International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA) in a corresponding PCT application.
Start-ups can benefit greatly if they choose to file an expedited examination request rather than an ordinary request for examination. The biggest advantage of requesting for an expedited examination is that the applications for which expedited examination is requested are allotted to a queue that is different from the ordinary examination queue, which already has lakhs of applications awaiting examination.
