Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay Monsanto, Delhi HC dismisses suit filed by Crocs Inc and more patent news updates
“Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay 138 crores to Bayer – Monsanto, Delhi HC dismisses suit filed by Crocs Inc., Pakistan revises IP Fee schedule showing an increase of 50% in costs, DepEd, Manila signs MoA with WIPO to introduce IP in basic education and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Patents are the best and most effective means of controlling competition. They occasionally give absolute command of the market, enabling their owner to name the price without regard to the cost of production. Patents are the only legal form of absolute monopoly.” – Edwin J. Prindle, renowned for his contribution to the American patent system
Indian Patent Statistics
A total of 838 patent applications have been published in the 10th issue of the Patent Journal, 2019. Out of the 838 applications, 61 applications account for early publications while 777 applications account for ordinary publications or publications occurring after the 18-month period. A total of 540 applications were granted last week marking an increase of about 20.80% in grants.
|City||Previous Week||This Week||Percentage of change|
|City||Previous Week||This Week||Percentage of change|
TOTAL PUBLICATIONS (Previous Week): 1029
TOTAL PUBLICATIONS (This Week): 838
Percentage difference: 18.56% decrease
First Examination Report (FER) Statistics
A total 2409 FER’s have been issued last week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.
|City||No. of FER Issued|
PUBLICATIONS UNDER GRANT
|City||Previous Week||This Week||Percentage of change|
Number of Applications published based on applicant city
Of the total 838 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 103 applications. The total applications from each of the previously mentioned cities are as follows – 21applications from Bangalore, 38 from Delhi, 11 applications from Chennai, 20 applications from Mumbai and 13 applications from Hyderabad.
|List of Cities||1st January 2019 – 1st March 2019||1st March 2019 – 8th March|
Total number of applications published by the Indian Patent Office from the 1st of January 2019 till date: 8436
- Early publications: 809
- Ordinary Publications: 7627
Total number of patents granted by the Indian Patent Office from the 1st of January 2019 till date: 3741
- Delhi – 1385
- Mumbai – 505
- Chennai – 1224
- Kolkata – 624
Indian Industrial Design Statistics
The designs office has registered a total of 310 designs this week. The total designs registered from the 1st of January 2019 till date now adds to a total of 3294 applications.
Total designs registered in the previous Week: 262
Total designs registered this Week: 310
Percentage Difference: 18.32% increase
Total designs registered from the 1st of January 2019 till date: 3294
Interesting Inventions of the Week
Invention 1: CONCRETE / MORTAR COMPOSITION COMPRISING COCONUT SHELL HUSK
Patent Application No.: 201741042659
Applicant: SRM UNIVERSITY
Abstract: “The various embodiments of the present invention provide a mortar/concrete composition comprising coconut shell husk. In the mortar/concrete composition coconut shell husk which replaces a predetermined amount of sand. The coconut shell husk is used in the concrete mortar composition, where a predetermined amount of sand is replaced with the coconut shell husk. The mortar/concrete composition comprising coconut shell husk is used to fabricate a plurality of masonry/civil structures. The pluralities of masonry/civil structures are (a) coconut shell husk ferrocement roof panel, (b) coconut shell husk masonry blocks and (c) coconut shell husk ferrocement water tank. The coconut shell husk is an alternative for the river sand for the production is concrete/mortar. The coconut shell husk provides an alternative for river sand, thereby conserving river ecology and environment. Also the disposal of the coconut shell fibers is easy thereby reducing the coconut waste.” (The abstract has been provided as is and has not been corrected for errors)
Invention 2: EXOSKELETON HAND FOR STROKE SURVIVORS REHABILITATION AND CONTROL VIA IOT BASED OPTIMIZATION
Patent Application No.: 201941007778
Applicant: Dr. JARIN T et al.
Abstract:“ Chronic hand impairment is common following stroke. While mass practice of movement has shown promise for rehabilitation, initial impairment of the hand may be too severe to permit even approximate movements. An exoskeleton is provided for independent actuation of each of the three joints of the fingers. Separate actuators are used for flexion and extension, with closed-loop control of either force or position. The design of the actuated finger exoskeleton is given. ˜Robotic exoskeletons can protect a patient™s tendons while minimizing the risk of complications after hand tendon surgery. ˜A tailor-made exoskeleton fitting an individual™s hand perfectly will define the future of hand rehabilitation.™ The core objective is Mobile based monitoring and functioning such that an app has been developed accordingly. Common man can use the app in mobile and can make give exercise to the patients. Also, here IOT based updation of the data is carried out in movement. (Fig 1)” (The abstract has been provided as is and has not been corrected for errors)
Patent / Design Infringements, Disputes, Licensing and Settlement
Bombay HC orders Nuziveedu to pay 138 crores to Bayer – Monsanto
On Wednesday, last week, the High Court of Bombay asked Nuziveedu Seeds (NSL) to pay 138 crores to Bayer – Monsanto in relation to a dispute relating to the licensing of a genetically modified cotton that involved the use of Bollgard Technology. The order of the HC counts as Bayer – Monsanto’s third victory in 2019. Previously, in January the Supreme Court allowed Bayer’s BT cotton patent to be restored until its validity had been established and another court had upheld an arbitral award benefiting Bayer.
The issue between the two companies started in 2015 when NSL and a few other seed companies refused to pay royalty fees to Mahyco – Monsanto Biotech (MMB), Bayer’s Indian counterpart, for the use of its patent. MMB managed to solve issues with all other seed companies but for NSL. In furtherance to the order of the HC, a spokesperson from NSL said that they were assessing their next course of action as the order is appealable.
Delhi HC dismisses suit filed by Crocs Inc., says “design cannot constitute a trademark”
On March 8th 2019 the High Court of Delhi dismissed a suit filed by Crocs Inc. where the footwear manufacturer alleged that other manufacturers had copied the distinct design of its footwear. Crocs initially filed a suit under the Design Act, 2000 accusing various manufacturers of infringing its designs. The Court in this case dismissed the suit for injunction on the basis of prior publication. After losing the design infringement suit, Crocs took to claim an interim relief against “passing – off.” The Company primarily relied on the judgment passed in Carlsberg Breweries vs. Som Distilleries and Breweries Ltd. It mainly claimed that its distinct footwear design amounted to a shape mark and would therefore fall under the ambit of the Trademarks Act, 1999. However, the Delhi HC referred to Section 2(d) of the Designs Act which prohibits any shape, configuration, pattern etc., to be used as a trademark and dismissed the suit.
Samsung and Huawei Settle 2-Year Patent Dispute
South Korea based Samsung Electronics and Chinese telecommunications equipment and consumer electronics manufacturer Huawei Technologies have agreed to settle their two-year old patent dispute over wireless technology in the US. Huawei had in 2016 brought suits against Samsung in San Francisco and China, claiming that the South Korean company used its cellular technology without a license.
International Patent Updates
Pakistan revises IP Fee schedule showing an increase of 50% in costs
The Ministry of Commerce and Textile in Pakistan issued an official notification on 4th March, 2019 bearing revised fee structures of Intellectual Property filings and procedures. According to the Ministry, all Patent and Trademark fees will show an increase of 50% beginning from 9th March whereas Copyright fees will come into effect from 14th March. Pakistani Attorney’s believe that the increase in fees comes as a surprise and leaves no time between the change and its implementation. The last time Pakistan revised its fee structure was in 2011 when the countries IP system was modified to be on par with the TRIP’s Agreement.
DepEd, Manila signs MoA with WIPO to introduce IP in basic education
The Department of Education, Manila and WIPO signed a Memorandum of Agreement at SEAMEO innotech in Diliman, Quezon City in order to stimulate creation, innovation and the use of IP in basic education. The Agreement intends to make science professionals, teachers, professors, legal personnel and heads of schools to be competent in all matters relating to Intellectual Property. These members will then be specially trained at the WIPO Academy in Geneva and in Philippines. Both the bodies aim to identify the “importance of inculcating and boosting excellence in creative thinking, innovation, and invention of appropriate technologies that will address the needs of local communities and promote their sustainable development.”
Delegation of WWIEA visit Eurasian Patent Office
On March 4th,2019 the President of the Eurasian Patent Office (EAPO), S. Tlevlessova received the delegation of the World Women inventors and Entrepreneurs Association (WWIEA) in Moscow, Russia. Both the parties held negotiations to enhance collaboration in promoting IP and spread awareness in the Eurasian region. The parties also deliberated their participation in approaching IP conferences like the 2nd International Conference of Rospatent – Digital Transformation: Focus on IP and the Korea International Youth Olympiad, 2019 to be held in August, this year in Korea.
Authored and compiled by Vibha Amarnath
About BIP’s Patent Attorneys
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, and Titan. They specialize in IT/Software, Electronics/Telecom, Mechanical, Automotive, and Bio/Pharma domains, and help clients with patent filing, prosecution, management and strategy in India, and across the world.
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