Google, Akamai and Netflix accused of patent infringement, Certificate Course on Patent Law, EPO discusses patentability of plants obtained by essentially biological processes, Microsoft adds 500 to LOT Network and more
“Indian Patent Statistics, Interesting Inventions, IPR Workshops, Certificate Course on Patent Law, Google, Akamai and Netflix accused of patent infringement, Madras High Court upholds Kibow Biotech’s patent, EPO member states discuss patentability of plants obtained by essentially biological processes, First trial by China’s Supreme People’s Court for Intellectual Property, Microsoft adds 500 more patents to LOT Network and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“If you watched companies such as Sony and Samsung grow, they focused first on features and then on industrial design, which made their products look and feel better.” Jefferson Han.
Indian Patent Statistics
A total of 986 patent applications have been published in the 13th issue of the Patent Journal, 2019. Out of the 986 applications, 77 applications account for early publications while 909 applications account for ordinary publications or publications occurring after the 18 month period. A total of 586 applications were granted last week marking an increase of about 63.23% in grants.
|City||Previous Week||This Week||Percentage of change|
|City||Previous Week||This Week||Percentage of change|
TOTAL PUBLICATIONS (Previous Week): 962
TOTAL PUBLICATIONS (This Week): 986
Percentage difference: 2.49% increase
First Examination Report (FER) Statistics
A total 1442 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 986 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 164 applications. The total applications from each of the previously mentioned cities are as follows – 32 applications from Bangalore, 48 from Delhi, 13 applications from Chennai, 19 applications from Mumbai 20 applications from Hyderabad and 32 applications from Kolkata
|List of Cities||1st January 2019 – 22nd March 2019||22nd March 2019 – 29th March 2019|
Total number of applications published by the Indian Patent Office from the 1st of January 2019 till date: 11469
- Early publications: 1047
- Ordinary Publications: 10422
Total number of patents granted by the Indian Patent Office from the 1st of January 2019 till date: 5012
- Delhi – 1804
- Mumbai – 714
- Chennai – 1639
- Kolkata – 852
Indian Industrial Design Statistics
The designs office has registered a total of 409 designs this week. The total designs registered from the 1st of January 2019 till date now adds to a total of 4189 applications.
Total designs registered in the previous Week: 204
Total designs registered this Week: 409
Percentage Difference: 100.49% increase
Total designs registered from the 1st of January 2019 till date: 4189
Interesting Inventions of the Week
Invention 1: A SYSTEM FOR TRASH-LEVEL TRACKING IN COMMUNITY BINS AND GARBAGE VANS
Patent Application No.: 201911004216
Applicant: CHARVI GOYAL
Abstract: “This present invention relates to a system for Trash-Level Tracking on Community Bins and Garbage Vans Using IoT. In this invention, level indicating sensors (ultrasonic sensors) are employing to detect the amount of garbage in every smart bin. The very same sensors are being used in the smart garbage trucks to know how full a truck is. This present system allows the garbage truck driver to monitor all the bins under him while also setting an adequate route for him to follow after taking into consideration the amount of garbage in each dustbin. Also, the waste managing organizations will be able to monitor where all the trucks are and how much waste has been collected.”(The abstract has been provided as is and has not been corrected for errors)
Invention 2: ROAD BUMPS AND HOLES TRACKING SYSTEM
Patent Application No.: 201721033802
Applicant: Sandip Institute of Engineering and Management
Abstract: “A Road bump tracking is quite essential when it comes to prevent collisions. This system will sense bumps, potholes from a safe distance which will allow the driver to brake properly. Same time the standard lights for such condition will glow informing the rear vehicles about braking due to potholes or bumps at road. Also the GPS will work along with this system to save the spots and alert when driver drives from there anytime. Following invention is described in detail with the help of Figure 1 of sheet 1 showing the working of the proposed system.”(The abstract has been provided as is and has not been corrected for errors)
Indian Patent Updates
MSME Development Institute, Nagpur organizes workshop on Intellectual Property Rights
The MSME – Development Institute at Nagpur, last week organized a two day workshop on Intellectual Property Rights along with MIDC Industries Association, Alliance for Indian MSME and others. The primary focus of the event was to generate IP awareness among MSME’s. A spokesperson at the event explained the importance of protecting these rights, creating inventions within India and to commercially exploit these resources. Dinesh Rai, former Secretary of the Government of India was the Chief Guest at the event. He opined that “IPR must figure high on India’s development agenda. In order to make Indian economy knowledge based and to build up India’s international competitiveness more on the basis of knowledge than on the basis of cheap labor and raw materials, it is imperative for Indian people to encourage and protect its IP.”
GNLU – GUJCOST to host two – day Certificate Course on Patent Law
Gujarat National Law University in association with GUJCOST Research Centre for Excellence in IP Laws, policies and Practices has organized an intensive workshop on patents titled “Certificate Course on Patent Law Practices in India and USA” The certificate course is being convened primarily by the GNLU Centre of Intellectual Property Rights (GCIPR) between 13th and 14th April, 2019. The course was also recently conducted between 30th and 31st March, this year. The Course will give an insight into the fundamentals of patent law, patentable subject matter, drafting and interpreting specifications and procedures and rules followed by the patent offices. The course is open to academicians, researchers, students and professionals.
Patent / Design Infringement, Dispute, Licensing and Settlement
Google, Akamai and Netflix accused of patent infringement
Personalized Media Communications (PMC), a Texas based patent licensing company has sued Google, Akamai and Netflix for infringing patents covering critical features relating to the efficient distribution of video content over networks. IPpro reports that PMC is demanding compensatory damages, adequate to compensate PMC for the infringement of the patents-in-suit, in no event less than a reasonable royalty. PMC, the exclusive licensor of the patents, has agreements with a variety of content companies, including Sony, Samsung and Fox.
Madras High Court upholds Kibow Biotech’s patent
The Madras High Court in a judgment last week has upheld the validity of US based – Kibow Biotech’s patent on its drug Readyl. Readyl is a supplement used for treating kidney function, which was issued a patent (224100) earlier in 2008. The patent was later challenged by La Renon a company based in Ahmedabad which also markets a similar supplement. In 2013 the IPAB dismissed the contentions put forth by Renon and upheld the validity of the Kibow’s patent. La Renon then approached the High Court of Madras seeking review of the decision of the IPAB. Kibow currently has a patent for the invention in countries like China, Japan, Australia and USA to name a few.
International Patent News
EPO member states discuss patentability of plants obtained by essentially biological processes
Representatives of 38 EPO Contracting States together with the European Patent Office at the 159th meeting of the Administrative Council reportedly expressed their concerns with regard to the legal uncertainty caused by decision T 1063/18 and discussed the need to find a solution in the short term following the decision. The aim is to obtain an opinion from the Enlarged Board of Appeal on the patentability of plants exclusively obtained by essentially biological processes, hereby considering recent legal developments (interpretations and statements of the European Commission, the EU Council, European Parliament and EPO’s Administrative Council on the interpretation of the European Patent Convention and the EU Bio-Directive, all of them concluding that there should be no patentability in these cases).
First trial by China’s Supreme People’s Court for Intellectual Property
The Supreme People’s Court (SPC’s) Intellectual Property (IP) Tribunal was formally established on 1st January, 2019, in China. The IP Tribunal came into existence based on the Provisions on Several Issues Related to IP which was released on 27th December, 2018. All judgements and statements made by the IP Court of the SPC will be final as it is the highest deciding authority on all matters relating to IP. On 27th March, 2019 the Court held its first trial after establishment on a matter concerning infringement of patent. A French company, Valeo Systems instituted a suit against two Chinese companies namely, Xiamen Lukasi Car Accessories Co. Ltd. and Xiamen Fuke Car Accessories Co. Ltd. In January, the Shanghai Court held that the Chinese companies had indeed committed an act of infringement after which an Appeal was filed in the IP Court of the SPC. The IP Tribunal formed a five -member bench and held a public hearing where the Court upheld the judgement of the lower court.
Microsoft adds 500 more patents to LOT Network
Microsoft recently announced the addition of 500 new patents into the LOT Network under the Azure IP Advantage program in order to provide Microsoft users and developers an opportunity to advance the building of IoT. Azure IP Advantage represents the largest and most valuable patent portfolio consisting of 10,000 Microsoft patents, the program came into existence primarily to fight patent trolls. LOT Network is an association of over 127 companies including Google, Uber, Facebook, Netflix, SAP, General Motors etc. According to the announcement made by Microsoft, 500 new patents will be donated to the Network. The extensive portfolio consists of patents granted is various jurisdictions like USA, China and Europe. Microsoft Corporate Vice President and Deputy General Counsel Erich Andersen said “The LOT Network is really committed to helping address the proliferation of intellectual property losses, especially ones that are bought by so-called trolls”
Authored & 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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