Patent Rules amended again, major changes in fee structure for small enterprises; WIPO launches new patent information tool – WIPO INSPIRE and more

In this week’s Patent News – Patent Rules amended second time this year, major changes in fee structure for small enterprises; German Appeals Court stays Nokia’s enforcement of injunction against Lenovo; Flipkart acquires Mech Mocha’s IP, forays into gaming space; EPO signs Reinforced Partnership agreement with Columbia; and WIPO launches New Patent Information Tool – WIPO INSPIRE.

Indian Patent News

Patent Rules amended second time this year, major changes in fee structure for small enterprises

Patent (2nd Amendment) Rules, 2020

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry in a major move towards incentivizing Micro, Small and Medium Enterprises has decided to entirely do away with the slab of fees that were earlier applicable to MSMEs. According to the official notification dated 4th November 2020 published by the Office of the Controller General of Patents, Designs and Trademarks on the 6th of November 2020, Small entities will now have to pay the same costs that were earlier applicable only to individuals (Natural persons) and Start-ups.

Based on the notification, MSMEs are now eligible for a 90% fee reduction as opposed to the 50% fee reduction that was available to them earlier. This implies that, where a small entity earlier paid 4000 INR as the basic patent filing fee will now only have to pay 1600 INR as basic patent filing fee.

The full notification may be viewed and accessed here.


German Appeals Court stays Nokia’s enforcement of injunction against Lenovo

In September 2020, a ruling by a German Court held Lenovo guilty of infringing 20 patents owned by Nokia. The Munich Court had issued an injunction and ordered a recall of all infringing products after which Nokia enforced the injunction against Lenovo. Lenovo filed an appeal against the ruling of the lower court with the German Appeals Court requesting a stay on the injunction. The German Court stating that “based on the high probability that the decision cannot be expected to be upheld on appeal,” has ordered a stay of the Munich Court’s ruling.

Flipkart acquires Mech Mocha’s IP, forays into gaming space

E-commerce giant, Flipkart has acquired the Intellectual Property of Mech Mocha, a gaming start-up based in India. Vice-President of Flipkart, Prakash Sikaria said “Through this transaction, we will strengthen our capabilities in the gaming domain with access to Mech Mocha’s IP, games and talented team that will help us accelerate our efforts in space.”


WIPO launches new patent information tool called WIPO INSPIRE

The World Intellectual Property Organization (WIPO) launched a new patent information tool last week, aimed at providing free access to comprehensive reports on patent databases. The new tool – WIPO Index of Specialized Patent Information Reports (INSPIRE) brings information from four databases in a single place for the benefit of innovators, service providers, patent offices and other stakeholders. As per the official notification, the tool offers “easy-to-use functionalities” for new as well as expert patent information users. WIPO INSPIRE includes an interactive world database coverage map that allows users to establish the extent of the patent databases coverage of a specific jurisdiction.


EPO signs Reinforced Partnership agreement with Columbia

On 4th November 2020, The EPO signed a ‘Reinforced Partnership agreement’ with the Superintendent of Industry and Commerce of Colombia with the objective of strengthening co-operation. According to the official notification on the EPO website, the Memorandum of Understanding (MoU) was signed by the President of EPO, António Campinos and Colombia’s Superintendent of Industry and Commerce, Andrés Barreto, during a virtual meeting. The MoU allows the Superintendence to use EPO’s products, tools and practices, for the next five years, when granting national patents. The EPO President said “This agreement will not only improve the quality and efficiency of handling patent applications, which is key as Colombia moves to strengthen its knowledge economy, but will also help align our patent systems to better support the global technology market.”


Authored and compiled by Vibha Amarnath

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.


Leave a comment