TVS Motors, Draft IPR policy, Interesting patents, Patent tips and more

TVS Motors, SIPP Startup scheme, Draft IPR policy, Patent License Agreement, Interesting patents, Patent tips and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.

Patent Thought of the Week

“One must Judge Patents of Public Funded Institutions in India by  their Inventive Contribution, not financial or commercial value they have generated. Our academicians and researchers are driven by public interest, not commercial benefit. Financial benefit is a mere side effect for them.”

• Dr. Kalyan C. Kankanala, IP Attorney, Author and Professor.

Patent stats from the Indian Patent Office (20th March 2017 to 27th March 2017)

A total of 723 patent applications have been published by the Indian Patent Office between 20th March and 27th March 2017. This marks a good 56.98% increase in publications compared to the previous week. In addition to the 723 applications being published, 304 applications have been granted a patent this week. The Delhi office is a front runner for both publications as well as grants this week and has contributed to more than 50% of the total patent activity between the aforesaid period.

• Early Publication

 

City	Previous Week	This Week	Percentage of change
Delhi	1	20	95% increase
Mumbai	3	35	91.42% increase
Chennai	11	18	38.88% increase
Kolkata	6	10	40% increase
Total	21	83	74.69% increase

• Ordinary Publication

 

City	Previous Week	This Week	Percentage of change
Delhi	171	384	55.46% increase
Mumbai	38	94	59.57% increase
Chennai	72	132	45.45% increase
Kolkata	9	30	70% increase
Total	290	640	54.68% increase

Total publications between 20^th March to 27^th March 2017 (This Week): 723
Total Publications (Previous Week): 311
Status of publications: 56.98% increase

• Publication under grant

 

City	Previous Week	This Week	Percentage of change
Delhi	110	151	27.15% increase
Mumbai	21	26	19.23% increase
Chennai	61	66	7.57% increase
Kolkata	27	61	55.73% increase
Total	219	304	27.96% increase

•  Number of Applications published based on applicant city: 20^th March to 27^th March 2017

Of the 723 publications that have been made in the previous week, it appears that the major cities haven’t had much to add to the total numbers. A combined total of 96 applications from Mumbai, Delhi, Bangalore, Hyderabad, Kolkata and Chennai make up roughly 13% of the total publications. The city wise split of patent applications is shown below:

• Mumbai: 31
• Delhi: 25
• Bangalore: 20
• Kolkata: 9
• Hyderabad: 6
• Chennai: 5
• Number of Applications published based on inventor city: Period – 1 Jan 17 to 27 Mar 17

Bangalore continues leading the chart as city of Inventor’s with 36 applications being filed in the last 2 weeks by Bangalore based inventors. Delhi with 11 applications and Chennai and Hyderabad with 9 applications each add to a humble total of 29 applications from the three cities.

City	1 Jan 17 to 27 Mar 17	10 Mar 17 – 27 Mar 17
Bangalore	463	36
Mumbai	130	7
Delhi	119	11
Kolkata	42	6
Hyderabad	104	9
Chennai	160	9

Industrial Designs

Total designs registered between 20^th March 2017 and 27^th March 2017: 239

Total designs registered in the previous week: 225

Percentage of Increase in Registration: 5.85% increase

Recent patent grants

• TVS Motors granted patent for new anti-lock brake system

TVS Motor Company, a leading two wheeler manufacturer in India has been recently granted a patent for an invention titled “ANTI-LOCKBRAKING SYSTEM”. According to the patent, the Anti-lock Braking System (ABS) has a control unit comprising a tubular frame construction with least modifications when compared with the existing tubular frame construction. The system provides enhanced flexibility and ensures improved safety for vehicles with drum brake assemblies, even under conditions when brake shoes wear out. When compared with the existing ABS, the invention disposes the ABS unit at an intermediate portion of the main tube to maintain a balanced centre of gravity in the motor cycle and the ABS unit is situated at the centre of the motor cycle and away from the engine. The patent application number 3182/CHE/2009 was filed at the Chennai patent office in 2009 and was granted a patent on 21^st March 2017 after satisfying the controller of the amendments made against the objections raised in the first examination report (FER) and the subsequent submissions during the hearing process.

Patent Office Updates  

• CGPDTM issues notice to facilitators empanelled unders SIPP Scheme

In a notification dated 17^th March 2017, the office of the CGPDTM reported that there have been instances where the registered facilitators of Start-ups Intellectual Property Protection (SIPP) have been ignoring facilitation to start-ups citing various reasons. The notification further stated that any act of denial of facilitation to start ups shall be considered as an act of misconduct and will lead to removal of their name from the list of facilitators and from the registered list of Patent/Trademark agent under relevant provisions of Patents Act/Trade Marks Act. Our detailed post on this issue can be accessed here.

Pharma Patent News

• Biogen Defends Patent over Multiple sclerosis Drug

Biogen managed to overcome a patent challenge to its best selling Multiple sclerosis drug, Tecfidera (dimethyl fumarate). The drug earned the company about four billion dollars so far, and is expected  to earn the company much more. The challenge to patent validity was filed before US PTAB by Kyle”s coalition for affordable drugs.

Patent Licensing

• Microsoft and Toyota sign a Patent License Agreement

Toyota has entered into a patent license agreement with Microsoft for immersive, connected car technologies. Under the license, Toyota  has licensed Microsoft’s patents with respect to car technologies such as infotainment, telematics, safety and so on. Over the last fourteen years, Microsoft has reportedly entered into more than 1200 license deals.

Patent Litigation News

• US Supreme Court upholds  Patent Troll Business Model

In SCA Hygiene v. First Quality Baby Products, a case dealing with patents on adult diapers, the US Supreme Court held that laches, delay in approaching the court for relief, cannot be a ground to get away with patent infringement. In other words, a person sitting on his patents  while businesses take their patented inventions into the market, and suing when time is ripe, will not be detrimental to the patent holder’s right to sue and get remedies for infringement. Laches is given importance when a patent holder asks the Court for an equitable remedy like interim injunction, but its value in patent suits is very limited. The Supreme Court’s judgment reiterates the business model of Patent Trolls, who normally sit and wait for the right time to make money from their patents.

• Ford Settles LED Patent Suit

Ford has settled a patent suit  filed by Jakuta Diodes In a Texas District Court. The suit relates to patents over technology to control diffusion and direction of light. Ford includes the said patent technology in its headlights. The details of the settlement have not been disclosed.

Interesting Patents

• Shape Shifting Mobile Device Patent Granted to Apple

Eighty patents have recently been granted to Apple, among which is  an invention for shape shifting of the device. This device can change shape from IPOD to IPhone and from there to Apple Watch and more on the click of a button. The same can happen based on room temperature and other parameters.

How fascinating? One will not need to have multiple devices when this device hits the market.

BananaIP’s Patent Tip of the Week

Every innovative StartUp must  invest in IP ahead of anything else. Doing it any other way may mean  risking its innovation’s protectability, and letting others get ahead in the game. Patent is one asset that can come to the StartUp’s rescue when everything else fails.

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