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AI cannot be an inventor rules USPTO, IPO extends SIPP Scheme and other patent news

BananaIP Counsels > Intellectual Property  > AI cannot be an inventor rules USPTO, IPO extends SIPP Sc...

AI cannot be an inventor rules USPTO, IPO extends SIPP Scheme and other patent news

Weekly Patent News

In this week’s Patent News – Office of CGPDTM extends SIPP Scheme for a period of three years; CSIR allows firms to defer payments for using COVID-19 related IP; After UKIPO and EPO, USPTO now rules that artificial intelligence cannot be a legal inventor; Gilead says it is open to make Remdesivir available globally; USTR’s continues to place India on its Priority Watch List; USPTO extends certain patent and trademark deadlines to June 1; IPOS offers world’s fastest Application-to-Grant process under the SG Patent Fast Track program and other news updates.

INDIA PATENT NEWS

Office of CGPDTM extends SIPP Scheme for a period of three years

As per the recent public notice issued by the Office of CGPDTM, the Scheme for Facilitating Startups Intellectual Property Protection (SIPP) has been extended for a period of three years. The SIPP Scheme will now remain in effect till 31st March 2023.

You may click here to access the official notification and here for more information on SIPP.

CSIR allows firms to defer payments for using COVID-19 related IP

The Council of Scientific and Industrial Research (CSIR) is allowing firms to utilize its intellectual property for manufacturing products needed to fight the pandemic and defer all payments up to six-months. Currently, CSIR has about 41 technologies that can be used to combat the pandemic and these include diagnostic kits, protective equipment, drugs as well as other health equipment. According to a note released by CSIR, the research center believes that it is important to enable technology licensing that allows products to be mass produced. CSIR has also said that “the clause for deferred royalty or upfront payment and co-branding will be included as an integral part of the agreement.”

INTERNATIONAL PATENT NEWS

After UKIPO and EPO, USPTO now rules that artificial intelligence cannot be a legal inventor

The USPTO while deciding on a petition filed in the case of US application number 16/524,350 has  ruled that artificial intelligence systems cannot be credited as an inventor in a patent. The decision comes in response to two patents — one for a food container and the other for a flashing light — that were created by an AI system called DABUS. As reported by verge.com, among the USPTO’s arguments is the fact that US patent law repeatedly refers to inventors using human-like terms such as “whoever” and pronouns like “himself” and “herself.” The group behind the applications had argued that the law’s references to an inventor as an “individual” could be applied to a machine, but the USPTO found that this interpretation was too broad. The USPTO concluded that “Under current law, only natural persons may be named as an inventor in a patent application,”

Gilead says it is open to make Remdesivir available globally

Gliead sciences has announced that it is open to collaborating with governments, pharmaceutical companies, including from India and is considering  proposals of patent-pooling to expand capacity and provide access to its antiviral drug Remesdesivir for COVID-19 patients across the world. Many countries across the world are considering compulsory licensing, especially if promising drugs like Gilead Sciences Inc’s remdesivir successfully complete clinical trials, India however has been reluctant to do so. As reported by the Mint , the  Indian government is counting on California-based Gilead to voluntarily issue generic licences for the antiviral drug and may not press the company for compulsory licensing, after having burnt its fingers with Gilead’s hepatitis C drug Sovaldi back in 2015. 

As reported by CNBC, Remdesivir has shown positive results in two clinical trials, one conducted by the company and another by US government in treating patients with severe COVID-19 disease. The results were announced on April 29. 

IPOS offers world’s fastest Application-to-Grant process under the SG Patent Fast Track program

The Intellectual Property Office of Singapore recently announced that the office will be offering a pilot program to accelerate the patent application process resulting in a grant within six months from the date of filing the application. As stated by IPOS, the pilot program named “SG Patent Fast Track” will come into force on 4th May 2020 and will remain in effect until 29th April 2022. The pilot program will be the world’s fastest patent application-to-grant process. Further, IPOS has also said that the SG Patent Fast Track will be a technology-neutral program. The office believes that IP offices play an important role in supporting innovators to address global development especially in current times where public healthcare is of utmost importance. The new program will replace the FinTech Fast Track (FTFT) initiative and the Accelerated Initiatives for Artificial Intelligence (AI).

You may click here to access the official press release.

USTR’s continues to place India on its Priority Watch List

The United States Trade Representatives’ (USTR) has published its notorious Special 301 Report and has yet again placed India on its Priority Watch List. The Special 301 Report, released annually, identifies countries that do not efficiently protect and enforce intellectual property rights thereby affecting American inventors. According to this year’s Report, Algeria, Argentina, Chile, China, India, Indonesia, Russia, Saudi Arabia, Ukraine and Venezuela have been placed on the Priority Watch List. The Report has also named countries like Brazil, Canada, Thailand, United Arab Emirates and others on its Watch List. As per the official press release, the countries will be subjected to a number of bilateral engagements with USTR to tackle the problem. USTR will also review all developments against the standards laid down in the Special 301 action plan that applies to countries on the watch lists. It is however pertinent to note as some experts point that repeatedly pointed, the report has no real significance especially considering the double standards reflected clearly by the report.

You may click here to access the official USTR press release.

USPTO extends certain patent and trademark deadlines to June 1

In furtherance of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed on March 27th, 2020, the USPTO on April 28th, 2020 further extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have been due between March 27 and May 31, to June 1, 2020. This is in addition to the prior extension the USPTO had announced on March 31, 2020

You may read the full notice here.

Authored and compiled by Vibha Amarnath & Gaurav Mishra

About BIP’s Patent Attorneys

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’s 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.

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.

If you have any questions, or need any clarifications, please feel free to write to [email protected]

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down.

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