{"id":67571,"date":"2019-10-29T11:59:33","date_gmt":"2019-10-29T06:29:33","guid":{"rendered":"http:\/\/localhost\/one\/?p=66478"},"modified":"2025-06-26T14:37:43","modified_gmt":"2025-06-26T09:07:43","slug":"draft-patent-design-amendment-rules-india-amazon-infringement-news","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/draft-patent-design-amendment-rules-india-amazon-infringement-news\/","title":{"rendered":"Draft rules on Patents and designs published by IPO; Amazon faces patent infringement suit and other news"},"content":{"rendered":"<p style=\"text-align: justify;\">In this week\u2019s Patent News &#8211; IPO publishes draft Designs (Amendment) Rules, 2019 for suggestions and objections; IPO publishes draft Patents (2<sup>nd<\/sup> Amendment) Rules, 2019 for suggestions and objections; MeitY co-hosts event to launch new government initiatives; Gaurav Mishra delivers talk on Patent claim and sufficiency of disclosure at Bangalore Bioinnovation Centre; Mr. Gaurav Mishra delivers talk on Artificial Intelligence and Biodiversity at C.B.R National College of Law; CEIVA Logic Inc. files patent infringement lawsuit against Amazon Inc.; 13<sup>th<\/sup> International Law Enforcement IP Crime Conference kicks off in Cape Town; Government of Namibia launches first ever National Policy on Intellectual Property Rights; IBM China enters into partnership with Shanghai Zhangjiang to build AI Innovation Centre.<\/p>\n<h2 style=\"text-align: justify;\"><span style=\"color: #ff6600;\">Indian Patent News<\/span><\/h2>\n<h3><strong>IPO publishes draft Designs (Amendment) Rules, 2019 for suggestions and objections<\/strong><\/h3>\n<p>&nbsp;<\/p>\n<p style=\"text-align: justify;\">The IPO on Friday last week published the Draft Designs (Amendment) Rules, 2019 for public comments and suggestions. The amendments proposed in the notification which is to be introduced in the Designs Rules 2001 will be considered by the government after the expiry of a period of 30 days from the date on which copies of the Gazette of India in which the notification is published has been made available to the public for review. Interested persons can raise objections or provide suggestions to the Indian Patent Office via an email to or post to Dr. Ashish Kumar, Senior Development Officer, DPIIT. The complete address has been provided below.<\/p>\n<p style=\"text-align: justify;\">Address: Dr. Ashish Kumar, Senior Development Officer, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, UdyogBhawan, New Delhi-110011<\/p>\n<p style=\"text-align: justify;\"><strong>E-mail ID: <\/strong><a href=\"mailto:krashish@nic.in\">krashish@nic.in<\/a><\/p>\n<h4 style=\"text-align: justify;\"><u>Highlights of the proposed <\/u><u>Designs (Amendment) Rules, 2019<\/u><\/h4>\n<p>&nbsp;<\/p>\n<p style=\"text-align: justify;\"><u>\u00a0<\/u>1.\u00a0\u00a0\u00a0\u00a0\u00a0 In Rule 2 of the Designs Rules, 2001, a new clause (eb) is to be inserted. Clause (eb) provides a comprehensive definition of the term \u2018startup,\u2019 the same reads as follows &#8211;<\/p>\n<p style=\"text-align: justify;\"><em>(eb) \u201cstartup\u201d means- <\/em><\/p>\n<p style=\"text-align: justify;\"><em>(a) \u00a0an entity in India recognized as a startup by the competent authority under Startup India initiative; and<\/em><\/p>\n<p style=\"text-align: justify;\"><em>(b) \u00a0in case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation\/registration as per Startup India Initiative and submitting declaration to that effect. <\/em><\/p>\n<ol style=\"text-align: justify;\" start=\"2\">\n<li>In Rule 5, sub-rule (2), clause (e) shall be amended to accommodate the addition of the term \u2018startup\u2019 and will read as follows \u2013<\/li>\n<\/ol>\n<p style=\"text-align: justify;\"><em>\u201c(e) In case an application processed by a natural person and\/ or startup and\/ or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.\u201d <\/em><\/p>\n<ul style=\"text-align: justify;\">\n<li>Further, subject to Designs (Amendments) Rules, 2014 which resulted in the insertion of clause (f), the current changes proposed aims to delete the clause.<\/li>\n<li>Additionally, an explanation after sub-rule (e) is to be inserted and the same will read as:<\/li>\n<\/ul>\n<p style=\"text-align: justify;\"><strong><em>\u201cExplanation<\/em><\/strong><em>\u2014 Where a startup\/ small entity, having filed an application for a design, ceases to be a startup\/ small entity due to the lapse of the period during which it is recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.\u201d<\/em><\/p>\n<ol style=\"text-align: justify;\" start=\"3\">\n<li>Rule 10, clause (1) is to be substituted as:<\/li>\n<\/ol>\n<p style=\"text-align: justify;\"><em>\u201cFor the purposes of the registration of designs and of these rules, articles shall be classified as per current edition of \u201cInternational Classification for Industrial Designs (Locarno Classification)\u201d published by World Intellectual Property Organization (WIPO).\u201d <\/em><\/p>\n<ol style=\"text-align: justify;\" start=\"4\">\n<li>The First Schedule; Second Schedule, namely, Form 1 and Form 24; Third Schedule and the Fourth Schedule will be amended as indicated in the notification.<\/li>\n<\/ol>\n<p style=\"text-align: justify;\">Click <a href=\"http:\/\/ipindia.nic.in\/writereaddata\/Portal\/Images\/pdf\/213355_1__Design.pdf\" target=\"_blank\" rel=\"noopener\">here<\/a> to access the complete draft Designs (Amendment) Rules, 2019.<\/p>\n<h3>IPO publishes draft Patents (2<sup>nd<\/sup>Amendment) Rules, 2019 for suggestions and objections<\/h3>\n<p style=\"text-align: justify;\">In addition to the notification related to the Draft Designs (Amendment) Rules, 2019, the Indian Patent Office published the Draft Patents (2<sup>nd<\/sup> Amendment) Rules, 2019 on 25<sup>th<\/sup> October 2019. The amendments proposed in the notification will be introduced into the Patents Rules 2003 and will be considered by the government after the expiry of a period of 30 days from the date notification. Interested persons can raise objections or provide suggestions to the Indian Patent Office via an email to or post to Ms. Pooja Swaroop, Deputy Secretary, DPIIT. The complete address has been provided below.<\/p>\n<p style=\"text-align: justify;\">Address: Ms. Pooja Swaroop, Deputy Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011<\/p>\n<p style=\"text-align: justify;\"><strong>E-mail ID: <\/strong><a href=\"mailto:pooja.swaroop@gov.in\">pooja.swaroop@gov.in<\/a><\/p>\n<h4 style=\"text-align: justify;\"><strong><u>Highlights of the proposed <\/u><\/strong><strong><u>Patents (2<sup>nd<\/sup>Amendment) Rules, 2019<\/u><\/strong><\/h4>\n<ol style=\"text-align: justify;\">\n<li>In Rule 7, sub-rule (3), the following is to be substituted:<\/li>\n<\/ol>\n<p style=\"text-align: justify;\"><em>\u201c(3) In case an application processed by a natural person and\/ or startup and\/ or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.\u201d<\/em><\/p>\n<ol style=\"text-align: justify;\" start=\"2\">\n<li>Sub-rule (3A) and (3B) shall be deleted<\/li>\n<li>The explanation under sub-rule (3B) shall be inserted after sub-rule (3) and will read as:<\/li>\n<\/ol>\n<p style=\"text-align: justify;\"><em>\u201cExplanation\u2014Where a startup\/ small entity, having filed an application for a patent, ceases to be a startup\/ small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.\u201d. <\/em><\/p>\n<ol style=\"text-align: justify;\" start=\"4\">\n<li>In the First Schedule, columns 5 and 8 is to be deleted; present columns 6, 7 and 9 is to be renumbered as 5, 6 and 7, respectively.<\/li>\n<li>Lastly, the proviso present in sub-rule 5 of Rule 24 C will be substituted with the following:<\/li>\n<\/ol>\n<p style=\"text-align: justify;\"><em>\u201cProvided that a request for expedited examination under this rule filed by a startup or small entity shall not be questioned merely on the ground that the startup\/ small entity, having filed an application for a patent, ceases to be a startup\/ small entity due to the lapse of the period during which it is recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority.\u201d <\/em><\/p>\n<p style=\"text-align: justify;\">Click <a href=\"http:\/\/ipindia.nic.in\/writereaddata\/Portal\/Images\/pdf\/213319_2_Patent.pdf\" target=\"_blank\" rel=\"noopener\">here<\/a> to access the complete draft Patents (2<sup>nd<\/sup>Amendment) Rules, 2019.<\/p>\n<h3 style=\"text-align: justify;\">MeitY co-hosts event to launch new government initiatives<\/h3>\n<p style=\"text-align: justify;\">The Ministry of Electronics and Information Technology (MeitY) recently co-hosted an event to launch three new initiatives and to kick-start the second phase of the BHIM Scheme. The Minister of Electronics and Information Tecnology (MeitY), Ravi Shankar Prasad, addressed the gathering and said that India carries the ability to become a hub for IT in the coming years. As the country offers a healthy ecosystem for the development of software products and services, India could become a center for \u2018deep technology.\u2019 The three new initiatives launched at the event were \u2013 MietY Startup Hub (MSH), Indian Software Products Registry and selection incubation centres under the Technology Incubation Development for Entrepreneurs 2.0 (TIDE 2.0).<\/p>\n<p style=\"text-align: justify;\">MSH primarily aims to create a platform for startups, incubators, accelerators, venture capitalists and angel funds to connect with each other.<\/p>\n<p style=\"text-align: justify;\">The Indian Software Product Industry Registry, on the other hand, provides for establishment of a portal to catalogue products developed in the country. The Registry lists key features and also provides category-wise segregation. The details can be ported to the Government e-Marketplace (GeM), offering quick market access.<\/p>\n<p style=\"text-align: justify;\">Technology Incubation Development for Entrepreneurs 2.0 (TIDE 2.0) was formulated with the objective to strengthen 2000 technology startups functioning in areas of national interest.<\/p>\n<h2 style=\"text-align: justify;\"><span style=\"color: #ff6600;\">BananaIP News updates<\/span><\/h2>\n<h3 style=\"text-align: justify;\">Mr. Gaurav Mishra delivers talk on Patent claim drafting and sufficiency of disclosure at Bangalore Bioinnovation Centre<\/h3>\n<p style=\"text-align: justify;\">Mr. Gaurav Mishra, Managing Associate at BananaIP Counsels recently delivered a talk on patent claim drafting and sufficiency of disclosure at the Bangalore Bioinnovation Centre, Bangalore. The two day workshop held on 24<sup>th<\/sup> and 25<sup>th<\/sup> October 2019 was organized by the Cell for IPR Promotion and Management (CIPAM) in collaboration with Bangalore Bio Innovation Centre (BBC). The event witnessed participation by several startups and individual researchers as well as inventors.<\/p>\n<h3 style=\"text-align: justify;\">Mr. Gaurav Mishra delivers talk on Artificial Intelligence and Biodiversity at C.B.R National College of Law<\/h3>\n<p style=\"text-align: justify;\">Mr. Gaurav Mishra recently delivered a talk on the latest trends in Biodiversity and Artificial Intelligence at a one day workshop organized by the C.B.R National College of Law, Shivamogga in association with the Karnataka State Council for Science and Technology (KSCST), Bangalore, Visvesvaraya Trade Promotion Centre and CIPAM. The event titled \u201cIntellectual Property Rights: Opportunities and Prospects\u201d was held on the 25<sup>th<\/sup> of October 2019 and witnessed participation of faculties and students of the C.B.R National College of Law along with students from several other colleges in Karnataka.<\/p>\n<h2 style=\"text-align: justify;\"><span style=\"color: #ff6600;\">Patent Disputes \/ Infringements \/ Settlements\/ Licensing<\/span><\/h2>\n<h3 style=\"text-align: justify;\">CEIVA Logic Inc. files patent infringement lawsuit against Amazon Inc.<\/h3>\n<p style=\"text-align: justify;\">On 23<sup>rd<\/sup> October 2019, CEIVA Logic Inc. announced that the company has instituted a suit against Amazon Inc. for infringing two of its patents. The suit has been filed in the U.S District Court for the Central District of California. The suit alleges Amazon of infringing patents U.S. Patent 6,442,573 titled &#8220;Method and Apparatus for Distributing Picture Mail to a Frame Device Community&#8221; and U.S. Patent 9,654,562 titled \u201cMethod and apparatus for distributing content via a communications network.\u201d Amazon\u2019s products namely Amazon Echo, Fire and Kindle are said to have infringed CEIVA\u2019s patents. According to a spokesperson from the company, CEIVA approached the latter to address the matter but its efforts could not bring relief. The company is suing Amazon for damages and is also seeking an injunction to stop Amazon from making, using and selling products that infringe its patents.<\/p>\n<h2 style=\"text-align: justify;\"><span style=\"color: #ff6600;\">International Patent News<\/span><\/h2>\n<h3 style=\"text-align: justify;\">13<sup>th<\/sup> International Law Enforcement IP Crime Conference kicks off in Cape Town<\/h3>\n<p style=\"text-align: justify;\">The 13<sup>th<\/sup> International Law Enforcement IP Crime Conference began on 22<sup>nd<\/sup> October 2019 in Cape Town, this week. The two-day event brought over 500 industry experts from over 80 different countries under one roof. The theme of the Conference was \u2013 \u201cFighting IP Crime through Innovation and Cooperation.\u201d It featured a wide range of panel discussions as well as workshops. Dignitaries were also provided with the opportunity to build working relationships with each other. A spokesperson at the event, Philani Nkwalase, said that the objective of the Conference was to discuss transnational crime in trafficking of illicit goods, strategies to enforce efficient remedies and the benefits of technology to fight IP crime.<\/p>\n<h3 style=\"text-align: justify;\">Government of Namibia launches first ever National Policy on Intellectual Property Rights<\/h3>\n<p style=\"text-align: justify;\">The Ministry of Industrialization, Trade and SME Development along with the Business and Intellectual Property Authority and the Government of Namibia launched the National Policy on Intellectual Property, in Winhoek. The IP Policy provides for the establishment of a framework that creates an environment that harbors innovation and offers protection to innovators. It essentially lays a foundation for the country to capitalize ideas. The Director of Commerce, Maria Pogisho said \u201cGiven the cross-cutting nature and scope of intellectual property, the policy responds to the linkages between intellectual property and other areas, such as: industrialization, trade, investment, innovation, science, technology, agriculture, education traditional knowledge and genetic resources. It addresses the relationship of intellectual property to communication polices, universities and research and development institutions and SMEs.\u201d The Policy also offers means to implement the rules laid out by means of 14 objectives. These objectives will be executed over a period of 5 years.<\/p>\n<h3 style=\"text-align: justify;\"><strong>IBM China enters into partnership with Shanghai Zhangjiang to build AI Innovation Centre<\/strong><\/h3>\n<p style=\"text-align: justify;\">IBM recently signed a Memorandum of Agreement with Shanghai Zhangjiang Group in order to establish an Innovation Centre dedicated to Artificial Intelligence (AI). The Centre will be built in China under a three-year partnership agreement. The Watson Build AI Innovation Centre aims to guide over 500 domestic as well as foreign companies in all matters related to IP. Chairman of IMB Greater China Group, Liming Chen, said, \u201cChina&#8217;s AI industry is rising and has unlimited development potential. This partnership allows IBM to bring our cloud and AI technologies and industry expertise to Chinese industries and innovative startups.\u201d<\/p>\n<p style=\"text-align: justify;\"><strong><em>Authored and compiled by Vibha Amarnath<\/em><\/strong><\/p>\n<p style=\"text-align: justify;\"><strong><em>About BIP\u2019s Patent Attorneys<\/em><\/strong><\/p>\n<p style=\"text-align: justify;\"><em>The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP\u2019s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT\/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio\/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.<\/em><\/p>\n<p style=\"text-align: justify;\"><em>This weekly patent news bulletin 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.<\/em><\/p>\n<p style=\"text-align: justify;\"><em>If you have any questions, or need any clarifications, please feel free to write to\u00a0<\/em><a href=\"mailto:contact@bananaip.com\">contact@bananaip.com<\/a><\/p>\n<p style=\"text-align: justify;\"><em>Disclaimer<\/em><em>: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP\u2019s reporters may not have verified all the news published in the bulletin. You may write to\u00a0contact@bananaip.com\u00a0for corrections and take down.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Indian Patent Office has published draft amendments to patent and design rules for public input, with a focus on startups and procedural updates. This bulletin also covers a patent infringement suit against Amazon and key developments in both Indian and international IP policy.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":3,"footnotes":""},"categories":[6,14],"tags":[6554,10714,42,8668,5,9898,7838,16],"class_list":["post-67571","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-patents","tag-amazon-lawsuit","tag-design-rules-india","tag-indian-patent-office","tag-innovation-policy","tag-intellectual-property","tag-international-ip-news","tag-patent-amendment","tag-patent-infringement-2"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/67571","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=67571"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/67571\/revisions"}],"predecessor-version":[{"id":140295,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/67571\/revisions\/140295"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=67571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=67571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=67571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}