Weekly Patent News: Patent Statistics, Interesting Inventions, Microsoft sues Foxconn Technology, EPO’s annual report and more
“Patent Statistics, Interesting Inventions, Union Cabinet approves proposition for compliance of 3 key International Agreements, UAHS hosts National Conference on Biodiversity and Plant Genetic Resource Conservation, Microsoft sues Foxconn Technology for non – payment of royalties, EPO publishes conference report titled: “Talking about a new revolution: Blockchain”, 2018 Annual Report published by the European Patent Office 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.” – Friedrich Hayek, a well celebrated Economist and Philosopher
Indian Patent Statistics
A total of 1085 patent applications have been published in the 11th issue of the Patent Journal, 2019. Out of the 1085 applications, 65 applications account for early publications while 1020 applications account for ordinary publications or publications occurring after the 18-month period. A total of 326 applications were granted last week marking a decrease of about 39.62% in grants.
|City||Previous Week||This Week||Percentage of change|
|City||Previous Week||This Week||Percentage of change|
TOTAL PUBLICATIONS (Previous Week): 838
TOTAL PUBLICATIONS (This Week): 1085
Percentage difference: 29.47% increase
First Examination Report (FER) Statistics
A total 1255 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 1085 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 91 applications. The total applications from each of the previously mentioned cities are as follows – 47 applications from Bangalore, 20 from Delhi, 10 applications from Chennai, 2 applications from Mumbai and 9 applications from Hyderabad.
|List of Cities||1st January 2019 – 15th March 2019||8th March 2019 – 15th March 2019|
Total number of applications published by the Indian Patent Office from the 1st of January 2019 till date: 9521
- Early publications: 874
- Ordinary Publications: 8647
Total number of patents granted by the Indian Patent Office from the 1st of January 2019 till date: 4067
- Delhi – 1492
- Mumbai – 559
- Chennai – 1326
- Kolkata – 687
Indian Industrial Design Statistics
The designs office has registered a total of 282 designs this week. The total designs registered from the 1st of January 2019 till date now adds to a total of 3576 applications.
Total designs registered in the previous Week: 310
Total designs registered this Week: 282
Percentage Difference: 9.03% decrease
Total designs registered from the 1st of January 2019 till date: 3576
Interesting Inventions of the Week
Invention 1: METHOD AND WEARABLE DEVICE FOR REAL-TIME SAFETY MONITORING OF SHIP CREW MEMBERS
Patent Application No.: 201811044332
Applicant: ANURAG AHLAWAT
Abstract: “The present disclosure is related to method and a wearable device
for real time safety monitoring of a ship crew member. The wearable device comprises a hardware processor, a memory coupled to hardware processor and sensors communicatively coupled to hardware processor and memory. The hardware processor is configured to monitor sensor readings received from sensors. The hardware processor is configured to determine deviation in sensor readings based on comparison of monitored sensor readings with pre-defined sensor reading associated with each sensor. The hardware processor is configured to preemptively identify life threat associated with ship crew member based on deviation. The hardware processor is configured to generate a recommendation for executing a rescue operation based on identified life threat. The recommendation is generated based on rules applied on a knowledge base and the recommendation is transmitted to a Responsible Officer and Officer on Watch on a bridge of a ship. Figure 2.”(The abstract has been provided as is and has not been corrected for errors)
Invention 2:EDIBLE AND BIO-COMPOSTABLE PACKAGE BASED ON ACTIVATED CARBON CHARCOAL FROM COCONUT SHELL WASTE
Patent Application No.: 201941008073
Applicant: ESTHER HELLAN PRASANNA J
Abstract:“An edible and bio compostable packaging material especially for food materials in liquid state is provided and a method of manufacturing thereof. The packaging material consists of Activated carbon Charcoal obtained from waste coconut shells, maize starch, glycerin, acetic acid and spice extractin adequate proportions and mixed with water and heated upto 100 degrees centigrade and stirred well to obtain a homogenous mixture. Then, the mixture is poured on glass trays (as the mixture does not stick to glass) and it is allowed to cool for 2 days or so and later, it is taken in sheet forms and folded and sealed to achieve container packages to bottle liquid food materials for their storage for consumption. This is a very Eco friendly packing material and does not cause any hazards during storage period till consumption and also post consumption, when it is discarded does not cause any eco related problems.” (The abstract has been provided as is and has not been corrected for errors)
Indian Patent Updates
Union Cabinet approves proposition for compliance of 3 key International Agreements
In the latest development, the Union Cabinet of India has now given its approval for India to adopt and comply with three crucial International Agreements relating to Intellectual Property – The Nice Agreement, the Vienna Agreement and The Locarno Agreement. The approval, received on 13th March, 2019, will benefit the Indian Patent Office to harmonize international systems concerning – the classification of Goods and Services for the purpose of registration of trademarks, figurative elements of marks and Industrial Designs. This will thereby enable all Indian design applications, marks and figurative elements to be incorporated in the International Classification systems. The move aims to attract foreign applications by providing sound protection and compliance with global classification systems. Click here to access the official notification of the Press Information Bureau, Government of India.
UAHS hosts National Conference on Biodiversity and Plant Genetic Resource Conservation
The University of Agricultural and Horticultural Sciences (UAHS) hosted a two-day National Conference on Biodiversity and Plant Genetic Resource Conservation on the 15th and 16th of March 2019 in Shivamogga. Researches, scientists and other professionals from all over the country attended the two – day event. A number of discussions and ideas were exchanged and presentations were delivered. Core topics ranged from agro-biodiversity, ethno-botany to bio – prospecting. The key note address was delivered by N.K. Krishnakumar, Regional Representative of South and Central Asia, Biodiversity International Organization. The importance of the center of Protection of Plant Varieties and Farmer’s Rights Authority (PPVFRA) was highlighted at the event where farmers could register extant plant variety with the PPVFRA. Farmers can also protect new breeds after clearing tests for distinctiveness, uniformity and stability (DUS). On completion of registration, farmers would have the authority to use their variety and demand fee for use commercial utilization by others. The event was held to spread awareness on the above and encourage research and development.
Patent / Design Infringement, Dispute, Licensing and Settlement
Microsoft sues Foxconn Technology for non – payment of royalties
Microsoft recently filed a suit against Foxconn Technology Group alleging the Taiwanese company has failed to pay royalties for using certain patents in their products. The exact products for which Microsoft filed the suit are yet to be determined. Foxconn, the parent company of Hon Hai claims that the company has not defaulted on any payments as they believe that they are subject to a contractual agreement of patent licensing with Microsoft. Microsoft is essentially suing Foxconn on three grounds, namely, – non-payment of royalty fees, Hon Hai’s failure to deliver royalty reporting twice a year and reports of the company’s audit performed by Deloitte. Along with the royalties, Microsoft has also claimed interest on due royalties, permission to review books and Attorney fees. A spokesperson from Microsoft said that the two companies valued their relationship and that they are working out the differences.
International Patent News
EPO publishes conference report titled: “Talking about a new revolution: Blockchain”
On 14 March, 2019, the European Patent Office published a report based on a previously held conference – “Patenting Blockchain.” The Conference was held on 4th December, 2018 in Hague and for the first time and was organized by IP5, the largest IP Offices in the world. Over 300 representatives from diverse backgrounds including national patent offices and government officials from 35 countries, graced the occasion. Presentation and panel discussions were based on key topics of Blockchain technology. According to the report, 55.4% of the of the Blockchain patents were filed by China in the USA between 2017- 18. Along with USA and UK, India is one of the world’s largest developers of this technology with over 20,000 patents. According to the report, IBM and Alibaba are the top applicants with 111 and 88 patent families, respectively. In EP alone, Visa and Mastercard are leading the way with a large number of applications. The report also throws light on the upcoming challenges and the future of the technology. Click here to access the videos of the conference and here to read the official report.
Annual Report, 2018 published by the European Patent Office
The European patent office published its Annual Report for the year 2018 on 12th March, 2019. The Report highlights growth of about 4.6% in the preceding year where 173317 number of patent applications filed in the EPO. Medical technology remains one among the top technologies in which patents have been filed, showing steady growth, followed by Digital Communication and Computer Technology. Compared to the previous year, the two top Applicants – Huawei and Siemens have switched places in 2018. Siemens is in the lead with 2493 applications and Huawei closely cuts at 2485 applications being filed, after which follows Samsung and LG. A total number of 127625 patent applications haven granted in the referenced year exhibiting an increase of over 20%. 47% of the total number of applications were filed by applicants from EPO States, and 25% from USA. EPO President, António Campinos, in his interview said the Office was looking forward to “implement a new multi-annual work plan designed to make a whole host of improvements across the board.” Click here to access the Annual Report, 2018
Mayanmar enacts legislation to protect Patent rights
On March 11th, 2019, Mayanmar enacted Pyidaungsu Hluttaw Law – No 7/2019 to particularly recognize and protect inventions through a robust patent system. Applicants will soon be able to submit patent applications and claim protection of their patent rights. As the IP Offices have not been established, patent applications cannot be submitted, currently. The enacted law is expected to come into force after the President, Win Myint issues a notification to that effect. Under the Patent Law of the country, a patent will be valid for a term of 20 years. Applicants will be able to claim priority from the Paris Convention and the PCT. All Patent Infringement suits will be heard by a special IP Court, there is also a provision for National Security clearance where a patent application is directly made outside the country. Further, the Trademark Bill and Industrial Designs Bill received an approval in the month of January and is waiting for an official notification to come into force. The Copyright Bill, on the the other hand, is awaiting approval.
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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