In this week’s Patent News – Patent Agent Examination 2020 postponed until further notice; Delhi High Court stays CGPDTM’s order published on 18th and 20th May 2020; patent office extends all deadlines to 1st June 2020; First Shamnad Basheer essay competition on IP to be held; Samsung enters into patent licensing agreement with Via Licensing; USPTO announces COVID-19 Prioritized Examination Pilot Program and other news updates.
INDIA PATENT NEWS
Patent Agent Examination 2020 postponed until further notice
The Office of the CGPDTM has announced the postponement of the Patent Agent Examination (PAE) 2020 until further notice. The exam which was scheduled to be held on the 26th of June 2020 appears to have been postponed in view of the COVID situation and may be held only later during the year.
Patent Office extends all deadlines to 1st June 2020
The Indian Patent Office (IPO) on the 18th of May issued a public notification notifying that for all due dates falling between 15-03-2020 and 17-05-2020, the new deadline shall be 01-06-2020. According to the notification, the due dates, with respect to the timelines/periods prescribed under the IP Acts and Rules administered by Office of the CGPDTM towards completion of various acts/proceedings, filing of any reply/document, payment of fees, etc. in the matters of any IP applications filed with the offices under the administrative control of O/o CGPDTM, falling due from 15-03-2020 to 17-05-2020, shall be 01-06-2020. Click here to view the notification.
The notice has been issued in furtherance of the decision of the Delhi High Court, passed on the 11th of May 2020 in the case of IPAA & Anr., vs. CGPDTM & Anr stating that “no Court, Tribunal or any authority can act contrary to the order of the Supreme Court dated 23-03-2020 passed in exercise of its powers under Article 141 and Article 142 of the Constitution; and under Article 144 of the Constitution, all authorities whether civil or judicial, located in the territory of India are required to act in aid of the orders passed by the Supreme Court.” Further, the Hon’ble High Court suspended the operation of IPO’s public notice dated 04-05-2020 and ordered that the respondents (i.e. the CGPDTM & Anr.) act in accordance with the order of the Supreme Court dated 23-03-2020.
Delhi High Court stays CGPDTM’s order published on 18th and 20th May 2020
The High Court of Delhi has issued a stay order on 21st May 2020 with regard to two public notices issued by the CGPDTM on 18th and 20th May 2020. The High Court has questioned the authority of the CGPDTM and has asked “what prompted it” to issue the respective public notices on the 18th and 20thof May and act contrary to the order of the Supreme Court dated 23-03-2020, passed in exercise of its powers under Article 141 and Article 142 of the Constitution. Further the High Court of Delhi has also said that that it is “not open to any court, tribunal or authority to impose timelines on limitation period, even if it is prescribed under a special law.” The High Court has asked the CGPDTM to file a response to its notice by 17th June 2020.
The order of the High Court comes in the light of a plea made by the Intellectual Property Attorney’s Association (IPAA).
First Shamnad Basheer essay competition on IP to be held
To commemorate the 44th birth anniversary of Professor Shamnad Basheer, SpicyIP has announced the first edition of the “Shamnad Basheer Essay Competition on Intellectual Property Law.” The essay competition is open to all students enrolled in any LL. B program. The deadline to submit entries for the competition falls on 30th June 2020.
You may click here for more information.
PATENT INFRINGEMENT NEWS UPDATE
Samsung enters into patent licensing agreement with Via Licensing
As per an announcement made by Via Licensing Corporation, Samsung Electronics has entered into a patent licensing agreement with the former. The licensing agreement, that is now in effect, provides worldwide access to its standard essential patents with respect to its Advanced Audio Coding (ACC) Patent Pool. In the official press release, the President of Via Licensing said that “The announcement reinforces that industry leaders such as Samsung recognize the benefits of the patent pool model to advance technology adoption and collaboration across the global ecosystem.”
International Patent updates
USPTO announces COVID-19 Prioritized Examination Pilot Program
The United States Patent and Trademark Office on 14th May 2020 announced the implementation of a pilot program to provide prioritized examination of certain patent applications. To qualify, the claim(s) of an application must cover a product or process related to COVID-19, and such product or process must be subject to an applicable FDA approval for COVID-19 use.
Under this pilot program, the USPTO will grant qualified requests for prioritized examination without payment of certain fees associated with prioritized examination for applicants that qualify for small or micro entity status. The goal of prioritized examination is to provide a final disposition within 12 months.
The COVID-19 Prioritized Examination Pilot Program will accept requests for prioritized examination beginning July 13, 2020 until such time as the USPTO has accepted a total of 500 requests. Any comments in respect of the same may be sent by email to Covid19PrioritizedExamPilot@uspto.gov
To read the full notice, click here.
Authored and compiled by Vibha Amarnath
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