USPTO demands elimination of Form 27 (Statement of working of patents)<\/strong><\/p>\nThe Hindu recently reported that United States Patent and Trademark Office (USPTO) has demanded that the Indian patent office eliminate \u2018Form 27\u2019and its requirements altogether. This demand has ruffled several feathers and raised eyebrows to the extent that the demand has been called inappropriate, improper and an unacceptable interference by a foreign government in the country\u2019s domestic affairs.<\/p>\n
The leading daily, added that Komal Kalha, senior counsel for the USPTO, had submitted before the Office of the Controller-General of Patents, Designs and Trademarks, that \u201cif the Government of India is soliciting these views with the intention of reforming the Form 27 system, the U.S. urges India to take the opportunity to significantly improve the ease of doing business, enhance predictability and certainty for innovative industries, align with international best practices, and help achieve National IP Policy, Start-up India, and other national initiatives by eliminating the requirement for patentees to regularly file Form 27 statements. At the same time, India should refrain from applying such onerous penalties to violations of this type.\u201d<\/p>\n
Is there a happy ending to the Form 27 story? It remains to be seen.<\/p>\n
Patent Infringements, Disputes, Licensing and Settlements.<\/h2>\n
Beijing Court upholds decision in Samsung \u2013 Huawei patent dispute<\/strong><\/p>\nSamsung has suffered a setback in China after a Beijing Court specializing in intellectual property (IP) rights disputes dismissed the requests from Samsung Electronics seeking invalidation of Huawei Technologies\u2019 certain patent rights on smartphones. The decision comes after a local Chinese court passed an order calling for the ban of sales of certain phone models of Samsung in China.<\/p>\n
Samsung\u00a0stares at multi-million dollar patent infringement suit in US<\/strong><\/p>\nIn what could turn out to yet another headache for Samsung, a US data security company PACid Technologies has announced that it would be suing the South Korean company for alleged infringement of three patents belonging to the American company. The three patents in question are believed to be related to the biometric security features of Samsung\u2019s recent Galaxy devices; specifically, the Galaxy S6, Galaxy S7 and Galaxy S8. The patents, two of which are said to be based in the US and one of which originated from Korea, have seemingly been infringed\u00a0upon by Samsung\u2019s KNOX security system and biometric operating system PASS.<\/p>\n
PACid, who previously sued Google, Apple and Nintendo for patent infringement has demanded a compensation of 3 million dollars in damages.<\/p>\n
Apple to pay $502m for FaceTime patent infringement<\/strong><\/p>\nLicensing company VirnetX Holding Corp has been awarded $502.6 million by a federal jury in East Texas after it found that Apple was guilty of infringing secure communications patents belonging to\u00a0VirnetX Holding Corp., a notorious patent troll that has been battling Apple in court for nearly eight years.<\/p>\n
Apple has been asked to pay damages to VirnetX for infringing four different patents of the company that the Cupertino based giant uses in its iMessage, FaceTime, and VPN solutions it offers on iPhones and iPads.<\/p>\n
BananaIP\u2019s Patent \/ Design Tip of the Week<\/h2>\n
Minor changes in originally claimed design call for a separate registration<\/strong><\/p>\nIt is common for applicants and companies to modify their original designs to make it more suitable for sale. While the modifications brought may be minor, novelty in a design protection is based on its aesthetic appeal. It is therefore always advisable to file a design application for the modified design. Piracy in a design is decided on obvious imitation of the designed article and hence it is strongly recommended that even minor modifications to a design is notified and registered with the respective design offices.<\/p>\n
Author: BIP\u2019s Patent Attorneys<\/strong><\/p>\nLed by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s \u00a0Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, and Titan. They specialize in IT\/Software, Electronics\/Telecom, Mechanical, Automotive, and Bio\/Pharma domains, and help clients with patent filing, prosecution, management and strategy in India, and across the world.<\/p>\n
The weekly patent news initiative is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and backlink to the source.<\/p>\n
If you have any questions, you may write to BIP’s Patent Attorneys – contact@bananaip.com.<\/p>\n","protected":false},"excerpt":{"rendered":"
This update presents key patent news from India and abroad, including the rejection of Monsanto\u2019s patent, the USPTO\u2019s position on Form 27, and major infringement cases involving Samsung and Apple. It also features Indian patent and design statistics and a practical tip on securing protection for modified designs.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":5,"footnotes":""},"categories":[36,6,22,14],"tags":[225,936,1837,5,1183,2280,149,108],"class_list":["post-43250","post","type-post","status-publish","format-standard","hentry","category-industrial-designs","category-intellectual-property","category-ip-commercialization-licensing","category-patents","tag-apple","tag-design-registration","tag-indian-patents","tag-intellectual-property","tag-monsanto","tag-patent-news","tag-samsung","tag-uspto"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43250","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=43250"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43250\/revisions"}],"predecessor-version":[{"id":136858,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43250\/revisions\/136858"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=43250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=43250"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=43250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}