Patents, Startups, Innovations, Interesting Patents and Designs, Government Updates, Latest Patent Disputes, Eli Lilly versus Actavis, Doctrine of Equivalents, Patent Infringement, Plant varieties, Patent Tip of the Week, Patent pending, Patented and more weekly news updates, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm
Patent Quote of the week
“Patents stand for you when everything else is lost.” – Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist
Patent Stats from the Indian Patent Office
Early publication and ordinary publication of patent applications have decreased substantially this week. While early publications have decreased by nearly 71%, ordinary publications have decreased by 25% approximately. A total of 948 applications were published last week but only 687 applications have been published this week. This marks a radical decrease of approximately 28%. Total grants also seem to have dipped by approximately 9% marking an overall decreased stats table in comparison to the previous week’s figures.
Early Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 26 | 12 | 53.85% decrease |
| Mumbai | 31 | 0 | 100% decrease |
| Chennai | 21 | 14 | 33.33% decrease |
| Kolkata | 11 | 0 | 100% decrease |
| Total | 89 | 26 | 70.79% decrease |
Ordinary Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 348 | 365 | 4.89% increase |
| Mumbai | 150 | 35 | 76.67% decrease |
| Chennai | 349 | 238 | 31.81% decrease |
| Kolkata | 12 | 3 | 75% decrease |
| Total | 859 | 641 | 25.38% decrease |
TOTAL PUBLICATIONS (Previous Week): 948
TOTAL PUBLICATIONS (This Week): 687
Percentage difference: 27.53% decrease
PUBLICATIONS UNDER GRANT
| City | Previous Week | This Week | Percentage of change |
| Delhi | 62 | 68 | 9.68% increase |
| Mumbai | 29 | 16 | 44.83% decrease |
| Chennai | 93 | 83 | 10.75% decrease |
| Kolkata | 47 | 43 | 8.51% decrease |
| Total | 231 | 210 | 9.09% decrease |
Number of Applications published based on applicant city
A total of 53 applications have been published this week where the applicant is a resident of one of the cities of Mumbai, Bangalore, Delhi, Chennai, Hyderabad or Kolkata. The maximum contributions this week come from Delhi, with a total of 20 applications. Bangalore follows suit with 15 applications. Mumbai, Delhi and Hyderabad have contributed 9, 6 and 3 applications respectively. Kolkata has drawn a blank this week and hasn’t been able to touch the 100 mark yet.
| List of Cities | 1st January 2017 – till date | 7th July 2017 – 14th July 2017 |
| Mumbai | 846 | 9 |
| Bangalore | 633 | 15 |
| Delhi | 490 | 20 |
| Chennai | 307 | 6 |
| Hyderabad | 214 | 3 |
| Kolkata | 95 | 0 |
Total number of applications published by the Indian Patent Office since the 1st of January 2017 till 14th July 2017: 14207
- Early publications: 1432
- Ordinary Publications:12775
Total number of patents granted by the Indian Patent Office since the 1st of January 2017 till 14th July 2017: 6309
- Delhi – 2774
- Mumbai – 597
- Kolkata – 1197
- Chennai –1741
Industrial Designs
The Designs Office has registered 147 design applications this week. This marks a 8% decrease in registrations from the previous week.
Total designs registered this Week: 147
Total designs registered in the previous Week: 160
Percentage Difference: 8.13% decrease
Patents, Startups, Innovations
Start up files patent for a device that monitors fuel filling
Tsecond Generation Technology Private Limited – a Nagpur based start-up founded in 2014 has developed an IoT based device to monitor fuel filling. The device ‘E-funnel’ is an electronic liquid gauging device which measures any quantum of liquid flowing through it. Further, all the data along with the real time location of the system can be accessed by a Fuel Cost Analyser (FCA) app on a smart phone. The company has applied for a patent in India and US for this product, however the application does not appear to be available for public viewing yet.
Interesting Patents and Designs
TVS patents a headlamp mounting arrangement
TVS Motor Company, a leading two wheeler manufacturer in India has been recently granted an Indian patent for an invention titled “Headlamp Assembly”. The patent application discloses a mounting assembly for the headlamp assembly of a motorcycle which provides increased durability and life span of the fixtures. The load of the headlamp assembly is transferred to the handlebar of the motorcycle using a sheet bracket due to which the possibility of any breakage of fixtures such as lugs or the front cover of the motorcycle is eliminated. The patent application number 120/CHE/2007 was filed at the Chennai patent office in 2007 and was granted a patent on 11th July 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.
HCL files patent for a system that determines traffic congestion
The Indian Patent Office recently published a patent application numbered ‘201711023117 A’ filed by HCL Technologies on the 30th of June 2016. The invention titled ‘System and method for determining traffic congestion’ discloses a technology which determines the length of traffic congestion in front of a vehicle and a total time required to travel the traffic congestion.
The abstract of the invention reads as follows:
“The present disclosure relates to system(s) and method(s) for determining a length of traffic congestion in front of a vehicle. In one embodiment, the method may comprise receiving data from a first set other vehicles and determining if the vehicle is within the traffic congestion based on comparison of an average speed of the vehicle with a predetermined threshold for a predetermined time duration. Upon determining, the method may comprise identifying a second set of other vehicles, ahead of the vehicle and moving in the direction of the vehicle, from the first set of other vehicles, and target data from the data based on the second set of other vehicles. Further to identification, the method may comprise computing at a length of traffic congestion in front of the vehicle and a total time required to travel the traffic congestion.
Government Updates
India’s first TISC in Punjab
The Department of Industrial Policy and Promotion (DIPP) will be establishing India’s first Technology and Innovation Support Centre (TISC) in Punjab under the World Intellectual Property Organisation’s (WIPO) TISC program. TISC aims to stimulate a dynamic, vibrant and balanced Intellectual Property Rights (IPRs) in India to promote innovation and creativity. This centre will come up at the Patent Information Centre (PIC), Punjab State Council for Science and Technology (PSCST) in sector 26, Chandigarh.
Patent disputes
UK Supreme Court reformulates patent infringement test in Eli Lilly versus Actavis
In a long standing patent infringement dispute between pharma majors Eli Lilly and Actavis, the UK Supreme Court has finally ruled that Actavis which produced alternative forms of chemotherapy drug Alimta (pemetrexed), directly infringed patents held by Eli Lilly in the UK, France, Spain and Italy.
The UK Supreme Court through this decision has reformulated the test for patent infringement in the UK, particularly in relation to the determination of infringement by equivalents.
Qualcomm challenges FTC over $910 Million Antitrust Fine
Qualcomm, the chip making giant has challenged the 910 million dollar Antitrust law suit slapped on it by the US Fair Trade Commission (FTC). The company has asked the FTC to postpone the enforcement of its sanction until the company’s lawsuit against the order is processed. The competent court is yet to make a ruling on Qualcomm’s plea and is expected to do so shortly.
HTC faces infringement law suit in Germany
Nichia Corp., a Japan-based light-emitting diode (LED) firm, has filed a lawsuit with a Court in Germany, accusing Taiwanese smartphone brand HTC Corp. of infringing on its LED patent. The details of the damages being claimed haven’t been disclosed at this point and HTC Corp. has not issued any clarifications in this regard yet.
International Patent News
WIPO may set up new regional offices
Several of the PCT member states recently asserted their candidacy for four possible new openings for a World Intellectual Property Organization external office. The applications for the same were discussed at the recent WIPO Program and Budget Committee meeting. According to WIPO, external offices (EOs) add “clear value, efficiency and effectiveness to program delivery and respond to the specific needs and priorities of the countries and regions they serve.”
The external regional offices in addition to the existing ones will provide cost-effective support services in relation to the PCT, Madrid and Hague systems; arbitration and mediation; collective management; and development and capacity building. India features among the list of countries which have applied to WIPO to set up a regional office.
The Indian delegate stressed the level of existing relationship between WIPO and India, citing the example of a joint WIPO/India action plan, including training. In addition to India, Azerbaijan, Iran, Oman, South Korea, Romania, Saudi Arabia, Turkey, and the United Arab Emirates have submitted their candidature for setting up of the EO’s.
Plant Varieties News
New varieties of black gram developed by NPRC
The National Pulses Research Centre (NPRC) has developed two new high yield varieties of black gram. The new varieties are known to consume less water, withstand disease as well as increase yield per acre. The new variety is now being popularized and will be subsidized in an attempt to prompt the farmers to opt for the same.
BananaIP’s Patent Tip of the Week
‘Patent Pending’, ‘Patent applied for’ and ‘Patented’
“Patent pending” or “patent applied for” are legal designations or expressions that an applicant is entitled to use in relation to a product or process once a patent application for the product or process has been filed. These designations can only be used prior to either the patent being issued or the application being abandoned. Once a patent has been issued, the applicant can use the words “Patented” or mention the patent no. on/for the product or process.
These markings serve to notify the public, businesses, infringers or potential infringers who might copy the invention that they may be liable for damages, seizure, and injunction. Fraudulent use of a patent pending / patented designation is however prohibited by the patent law.
