India has seen a lot of chaos in the field of IP within the last decade. From amendments to draft amendments and propositions to impositions, IP in India has seen it all. In the past year alone we have witnessed 3 major amendments being proposed to the Patents Act and Rules and Trademark rules. Further, we have had several major discussions including discussions on the IPR policy for India, guidelines for examination of patents, software patents, etc.
The trend…
Patent, as we know is an exclusive right granted to the owner of an invention for a period of 20 years. Although 20 years sound like a long time, the term is actually calculated from the date of filing of the application or if an international application is claimed from the priority date of an application. Of the 20 year term, the period from the grant till the expiry of the patent is the real time a patentee enjoys the…
Recently, the USPTO announced two new programs under the Enhanced Patent Quality Initiative (EPQI) that are designed to improve the quality of Patent Prosecution in the United States. This program will add more detail to the record of each U.S. patent application. According to the PTO Director Michelle K Lee “Patents of the highest quality can help to stimulate and promote efficient licensing, research and development, and future innovation without resorting to needless high-cost court proceedings. Through correctness and clarity,…
In order to recover the aggregate estimated cost of the patent operation and USPTO administrative services that support patent operations, USPTO is exercising its fee setting authority to set and adjust Patent Fee Schedule. Section 10 of the Leahy‐Smith America Invents Act (AIA) authorizes the United States Patent and Trademark Office (USPTO) to, in part, “set or adjust by rule any fee established, authorized, or charged” under Title 35 of the United States Code provided that the aggregate patent fee…
Battery life span has always been a major concern for many electronics manufacturers. Recently, Apple has come up with a technology that can extend the life of a portable computing device to several days or even weeks with the use of fuel cells without needing to be plugged in. Apple filed a patent application (US 20150249280) in March which has already been awarded by the United States Patent and Trademark Office.
The patent application entitled “Fuel Cell System to Power a…
We all know one can never enjoy something that one does not have. It is literally true in case of patents. Patent rights are territorial in nature and can only be enjoyed in countries where one has filed an application for patent protection. The most common question that floods any patent applicants mind is whether they should file for patent protection outside the native country. If the answer is yes, how should they do it and where should they do…
How would you like to have Breakfast here in India, Lunch in America and be back home for dinner in India, all of it, being done on the same day!! Sounds unbelievable? Well, believe it! Patents seem to be flying out of the USPTO faster than the speed of sound! On July 14, 2015 a patent [US 9,079,661]was awarded to Airbus, also known as the European Aeronautic Defence and Space Company for an invention titled "Ultra-Rapid Air Vehicle and Related…
The presentation herein, on the US Patent Process, has been delivered by Mr. Nitin Nair at the National Law School of India University, Bangalore, for Senior Officials of the Ministry of MSME, Government of India.
This post was first published on 10th October, 2014.
The Doctrine of Foreign Equivalents is a rule used in the Trademark Law which states that a foreign word and its equivalent English translation may be deemed confusingly similar. Under this doctrine, marks consisting of or including foreign words or terms from common, modern languages are translated into English to determine the extent to which it is generic, descriptive, the likelihood of confusion it may cause among other similar issues.
The Trademark Manual of…