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Draft rules on Patents and designs published by IPO; Amazon faces patent infringement suit and other news

BananaIP Counsels > Intellectual Property  > Draft rules on Patents and designs published by IPO; Amaz...

Draft rules on Patents and designs published by IPO; Amazon faces patent infringement suit and other news

India and foreign patent news

In this week’s Patent News – IPO publishes draft Designs (Amendment) Rules, 2019 for suggestions and objections; IPO publishes draft Patents (2nd 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.; 13th 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.

Indian Patent News

IPO publishes draft Designs (Amendment) Rules, 2019 for suggestions and objections

 

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.

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

E-mail ID: [email protected]

Highlights of the proposed Designs (Amendment) Rules, 2019

 

 1.      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 ‘startup,’ the same reads as follows –

(eb) “startup” means-

(a)  an entity in India recognized as a startup by the competent authority under Startup India initiative; and

(b)  in 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.

  1. In Rule 5, sub-rule (2), clause (e) shall be amended to accommodate the addition of the term ‘startup’ and will read as follows –

“(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.”

  • Further, subject to Designs (Amendments) Rules, 2014 which resulted in the insertion of clause (f), the current changes proposed aims to delete the clause.
  • Additionally, an explanation after sub-rule (e) is to be inserted and the same will read as:

“Explanation— 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.”

  1. Rule 10, clause (1) is to be substituted as:

“For the purposes of the registration of designs and of these rules, articles shall be classified as per current edition of “International Classification for Industrial Designs (Locarno Classification)” published by World Intellectual Property Organization (WIPO).”

  1. 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.

Click here to access the complete draft Designs (Amendment) Rules, 2019.

IPO publishes draft Patents (2ndAmendment) Rules, 2019 for suggestions and objections

In addition to the notification related to the Draft Designs (Amendment) Rules, 2019, the Indian Patent Office published the Draft Patents (2nd Amendment) Rules, 2019 on 25th 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.

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

E-mail ID: [email protected]

Highlights of the proposed Patents (2ndAmendment) Rules, 2019

  1. In Rule 7, sub-rule (3), the following is to be substituted:

“(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.”

  1. Sub-rule (3A) and (3B) shall be deleted
  2. The explanation under sub-rule (3B) shall be inserted after sub-rule (3) and will read as:

“Explanation—Where 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.”.

  1. 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.
  2. Lastly, the proviso present in sub-rule 5 of Rule 24 C will be substituted with the following:

“Provided 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.”

Click here to access the complete draft Patents (2ndAmendment) Rules, 2019.

MeitY co-hosts event to launch new government initiatives

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 ‘deep technology.’ The three new initiatives launched at the event were – MietY Startup Hub (MSH), Indian Software Products Registry and selection incubation centres under the Technology Incubation Development for Entrepreneurs 2.0 (TIDE 2.0).

MSH primarily aims to create a platform for startups, incubators, accelerators, venture capitalists and angel funds to connect with each other.

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.

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.

BananaIP News updates

Mr. Gaurav Mishra delivers talk on Patent claim drafting and sufficiency of disclosure at Bangalore Bioinnovation Centre

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 24th and 25th 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.

Mr. Gaurav Mishra delivers talk on Artificial Intelligence and Biodiversity at C.B.R National College of Law

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 “Intellectual Property Rights: Opportunities and Prospects” was held on the 25th 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.

Patent Disputes / Infringements / Settlements/ Licensing

CEIVA Logic Inc. files patent infringement lawsuit against Amazon Inc.

On 23rd 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 “Method and Apparatus for Distributing Picture Mail to a Frame Device Community” and U.S. Patent 9,654,562 titled “Method and apparatus for distributing content via a communications network.” Amazon’s products namely Amazon Echo, Fire and Kindle are said to have infringed CEIVA’s 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.

International Patent News

13th International Law Enforcement IP Crime Conference kicks off in Cape Town

The 13th International Law Enforcement IP Crime Conference began on 22nd 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 – “Fighting IP Crime through Innovation and Cooperation.” 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.

Government of Namibia launches first ever National Policy on Intellectual Property Rights

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 “Given 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.” 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.

IBM China enters into partnership with Shanghai Zhangjiang to build AI Innovation Centre

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, “China’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.”

Authored and compiled by Vibha Amarnath

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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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