In this week’s Patent News – All hearings at Patent Office cancelled amid COVID19 outbreak, All in-person hearings to be held via Video Conferencing (VC) till April 15th, Hearing of Design applications scheduled on 27th March 2020 now adjourned to 22nd April 2020, IPO adjourns hearing of all Design applications scheduled between 18th March 2020 and 3rd April 2020, USITC to begin investigation against Apple and others for alleged patent infringement; Sharp Corporation institutes patent infringement lawsuit against Tesla Inc., EUIPO and EPO extends deadlines in view of the COVID-19 outbreak and other news updates.

INDIA PATENT NEWS

All hearings at Patent Office cancelled amid COVID19 outbreak

In the wake of wide spread pandemic of Novel Coronavirus (COVID19) and lockdown situation, all the hearings in Patent Office through video Conferences scheduled between 23rd March 2020 and 31st March 2020 have been cancelled. Further dates of rescheduled hearings shall be communicated by the Patent office, shortly.

All in-person hearings to be held via Video Conferencing (VC) till April 15th

The Controller General of Patents, Designs & Trademarks issued a notice on 19th March 2020 stating that all in-person hearings that were scheduled to be held on or before 15th April 2020, at the four patent offices, will be changed to a Video Conferencing (VC) hearing. With respect to cases where the Applicants will not be able to attend the VC hearing, the office will adjourn the hearing to a date later than 15th April 2020.

Additionally, with regard to applications requesting Condonation of Delay or Extension of timelines to file Responses or submit documents, under sub-rule (6) of Rule 6 of the Patents Rules, 2019, the notice indicates that the Controller will condone the delay or extend the timeline, if a Petition for the same has been filed not later than one month from the date on which the COVID-19 outbreak ceases to exist.

You may click here to access the official public notice.

Hearing of Design applications scheduled on 27th March 2020 now adjourned to 22nd April 2020

The Indian Patent Office issued a public notice on 17th March 2020 indicating that the office has adjourned the hearing of Design applications which were previously scheduled on 27th March 2020 before Dr. S. K. Barik, Asst. Controller of Patents & Designs. According to the notice, the adjournment comes in the light of the recent advisory issued by the Ministry of Health & Family Welfare, Government of India regarding the COVID-19 outbreak. Therefore, all hearings that were previously scheduled on 27th March 2020 have been adjourned to 22nd April 2020.

You may click here to access the complete list of cases that have been adjourned.

IPO adjourns hearing of all Design applications scheduled between 18th March 2020 and 3rd April 2020

In another public notice issued by the Indian Patent Office with regard to Design Applications, the office has adjourned the hearing of all Design applications previously scheduled between 18th March 2020 and 3rd April 2020 before Shri. Arup Garu, Asst. Controller of Patents & Designs. You may click here to access the complete list of applications that have been adjourned.

PATENT DISPUTES/INFRINGEMENT/SETTLEMENTS/LICENSING

USITC to begin investigation against Apple and others for alleged patent infringement

The U.S International Trade Commission (USTIC) is in the process of opening its investigation against tech giants and global manufacturers of electronic products like Apple, Amazon, L.G., Sony, Microsoft, ASUS and Samsung on the basis of a patent infringement complaint filed by Neodron, reportedly an Irish patent troll. The complaint, filed by Neodron on 14th February 2020, involves four patents, namely – US Patent No. 7,821,425, US Patent No. 7,903,092, US Patent No. 8,749,251 and US Patent No. 9,411,472.

Sharp Corporation institutes patent infringement lawsuit against Tesla Inc.

Sharp Corporation, a Japanese MNC, has instituted a lawsuit for patent infringement against a Japanese unit of Tesla Inc. The lawsuit, filed in Tokyo alleges that the mobile communications equipment installed by Tesla in some of its models infringe Sharps’ patents. According to Reuters, Sharp Corporation is seeking an injunction to stop the import of Tesla electric vehicles.

INTERNATIONAL PATENT NEWS

EUIPO extends deadlines in view of the COVID-19 outbreak

According to recent official announcements made by the Executive Director of the European Union Intellectual Property Office (EUIPO), all time limits expiring between 9th March and 30th April have been extended to 1st May 2020. The office has further clarified that since 1st May 2020 is a public holiday, the time limits have been extended to 4th May 2020.

You may click here to access the official public notice.

EPO extends deadlines to 17th April 2020

The European Patent Office has made an official announcement on its website stating that all time periods expiring on or after the date of the official notice published on 15th March 2020 have been extended to 17th April 2020. The Office has also clarified that the extension  of time is applicable to International applications under the PCT.

You may click here for more information on the same.

Authored and compiled by Vibha Amarnath 

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