PCT National phase delay condonation, Startups, Cow-dung / Urine Patents, Meditation Patents, Smart Toilet Patents, Latest Patent Judgments, IPO slows down, Apple and Qualcomm settlement, Post dating, Patent Tip of the Week and more
Cow-dung / Urine Patents from a startup, Patents that help in meditation, smart public toilets, Indian Patent Statistics, Irrigation pump on a tricycle, Latest court rulings on patents, Delay in filing PCT national phase application condonable says DHC, Apple and Qualcomm settlement possible, Post dating of patent applications, Patent Tip of the Week and more weekly news updates, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
“A good patent appreciates the value of one’s business; a bad one depreciates it” – Gaurav Mishra, BananaIP Counsels (BIP Counsels)
Indian Patent Statistics
This week, the patent stats are quite disappointing. While there has been an increase of about 119.23% in early publications, ordinary publications have decreased by 27.61%. The combined total of ordinary and early publications adds to 521 applications which is 24.16% lesser than the total publications in the previous week. Publications under grant have fared better and have shown an increase of 33.33%
|City||Previous Week||This Week||Percentage of change|
|City||Previous Week||This Week||Percentage of change|
TOTAL PUBLICATIONS (Previous Week): 687
TOTAL PUBLICATIONS (This Week): 521
Percentage difference: 24.16% decrease
PUBLICATIONS UNDER GRANT
|City||Previous Week||This Week||Percentage of change|
Number of Applications published based on applicant city
Of the total 521 patent applications published this week, Mumbai, Bangalore, Kolkata, Chennai, Delhi and Hyderabad have contributed 87 applications in total. While Chennai has contributed the maximum number of applications this week, Kolkata has contributed none. The total applications from each of the previously mentioned cities are as follows – 25 applications from Chennai, 24 applications from Bangalore, 19 applications from Delhi, 11 applications from Hyderabad and 8 applications from Mumbai.
|List of Cities||1st January 2017 – till date||15th July 2017 – 21st July 2017|
Total number applications published by the Indian Patent Office from the 1st of January 2017 till 21st July 2017:14728
- Early publications: 1489
- Ordinary Publications:13239
Total number of patents granted by the Indian Patent Office from the 1st of January 2017 till 21st July 2017:6578
- Delhi – 2907
- Mumbai – 619
- Kolkata – 1237
- Chennai –1815
Indian Industrial Designs Statistics
The designs office at Kolkata has registered a total of 152 designs this week. This translates to a 3.4% increase from the total designs registered in the previous week. The total designs registered since the 1st of January 2017 to date now adds up to 5118 applications.
Total designs registered in the previous Week: 147
Total designs registered this Week: 152
Percentage Difference:3.4% increase
Total designs registered from the 1st of January 2017 to date: 5118
Patents, Startups, Innovations
A startup that sells patented cow-dung soaps
A Mumbai based startup has been recently making news with its unique and interesting patent applications. The startup called Cowpathy has recently applied for a patent on what it calls “Cow-dung soaps”. The soap is said to contain dried and pulverized cow dung, orange peel, lavender powder, and gooseberries. This combination of compounds apparently imparts the soap with very high medicinal properties. Cowpathy has also developed other products such as toothpastes, floor cleaners, hair oil, incense, shaving cream, face wash and a line of ever expanding cosmetic products and medicines all of which have their essence in the ingredients such as dung, urine, clarified butter or ghee, and others.
If it may interest the readers, the toothpaste is said to be made of dung, ghee, and urine. We wonder how that might taste!
Interesting Patents and Designs
Two very interesting patent applications caught our eyes this week. Both of these patent applications have been published by the Indian Patent Office in the Journal of Patents and Designs dated 21stof July 2017. While the first application discloses a device that helps the user in attaining a meditative state easily, the second application is titled Smart public toilets and discloses a system and a method for maintaining the hygiene for public toilet space using IoT based device in Wi-Fi network.
Patent Application 1:
Title: DCD (DEEP CONSCIOUS DEVICE)
Application No. 201741024791
Applicants: V.S. DEVARAJAN
Abstract: DCD (Deep Conscious Device) This new device will help us to attain profound meditation very easily. This device create a small and clear dot in front of your eyes which allows you to focus only on the dot and all the external objects will be removed from your vicinity. The dot helps you in the concentration of your mind two different dot will appears at different times. A black dot in white background and a white dot in black background these two methods will help you attain meditation state easily. (Abstract has been taken from the patent application as is and has not been corrected for grammars or typos)
Patent Application 2:
Title: SMART PUBLIC TOILETS
Application No. 201721022792
Applicants: DR. P P HALKARNIKAR et al.
Abstract: The present subject matter discloses a system and a method for maintaining the hygiene for public toilet space using IoT based device in Wi Fi network. The physical : parameters like temperature, odor and humidity, related to the public toilet spaces are monitored using IOT based device in wireless network. An IOT based smart hygienic system using wireless sensor network for toilet and public spaces, for maintaining hygienic, eco-friendly, eco-environmental, human friendly and building healthy society. With the help of various sensors we can measure various parameters like temperature, humidity, smell and color which helps to maintain hygiene and clean by triggering alert or messages to administrator .The system detects alert conditions related to the public toilet spaces and takes a control action for improving the physical parameters during an alert situation. The system may also intimate user(s) of the alert condition and the control action implemented by the system. Through IOT based system we can send messages to nearest control room for regular cleaning and maintaining hygienic for toilets and public spaces. With this device we can save resources like money and time and reduce pollutions and maintain clean and hygiene public toilets spaces for public use and healthy environment. (Abstract has been taken from the patent application as is and has not been corrected for grammars or typos)
PORTABLE SOLAR IRRIGATION PUMP
An interesting design has been published in the Journal of Patents and Designs this week and is titled PORTABLE SOLAR IRRIGATION PUMP. The registered design number 284266 has been granted to the COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH and is interesting in that the article looks like what appears to be a tricycle fitted with sloping roofs. The article has been registered under class 15-02 relating to PUMPS AND COMPRESSORS and is certainly as interesting and creative as pumps and compressors can get. A photo of the article can be seen here below.
Recent Judgments on Patents
Tryton Medical Inc. v. Union of India and Ors. (W.P.(C) 195/2017 and C.M. No. 888/2017)
Honorable Justice Vibhu Bakhru of the Delhi High Court (DHC) recently passed a ruling in the case of Tryton Medical Inc. v. Union of India and Ors. The Appellant, Tryton Medical Inc., (hereafter referred to as Tryton or Appellant or Applicant or Petitioner) filed a petition with the DHC praying that the Court issue a writ of mandamus or any other appropriate writ, directing the Respondents in the case to comply with the orders and directions passed by the Hon’ble IPAB in the matter of the National phase of the International Application No. PCT/US/2010/040962 filed by the patent applicant.
Background: Tryton filed a PCT application numbered PCT/US/2010/040962 with the USPTO claiming priority from the US application Nos. 61/222744 dated 02.07.2009 and 61/243433 dated 17.09.2009 and was required to file a National Phase Application in India within a period of 31months from the earliest priority date; that is, on or before 02.02.2012.Trytonfiled a National Phase Application along with an application under Rule 138 of the Patents Rules, 2003 seeking condonation of delay of 8 days in filing the national phase application. The Controller of Patents (respondent) considered the national phase application and after hearing the applicant, rejected the petitioner’s application principally on the ground that a delay of 8days in filing the National Phase of the PCT application could not be condoned.
Aggrieved by this decision the petitioner appealed before the Intellectual Property Appellate Board (IPAB), which opined that the delay of 8 days in filing the application could be condoned. Despite the orders passed by the IPAB, the respondent did not take any steps to comply with the directions issued by the IPAB. The petitioner was then constrained to file representations before the respondent who heard the applicant and opined that the application was “time barred beyond the prescribed time limit and by operation of Rule 22 of the Patent Rules, 2003, the same had been deemed to have been withdrawn”.
Aggrieved by the aforesaid order, the petitioner once again approached the IPAB, which considered the grievance of the petitioner and accepted the contention that the respondent had failed to comply with the earlier order. The IPAB in its order dated 24.03.2015 then expressly directed the respondent to examine the petitioner’s application, making it quite clear that the delay could be condoned. The respondent, however, declined to accept the same and continued to adhere to its earlier stand, that the petitioner’s application was barred by time.
Given this approach of the respondent, the IPAB in its order dated 07.03.2016 observed that the reading of the impugned order dated 19/01/2016 passed by the Assistant Controller of Patents & Designs, New Delhi demonstrated that it was a classic case of blatant, flagrant, willful and deliberate violation of the principles of judicial discipline by deliberately misreading and misinterpreting the findings rendered by the IPAB. Further, there could be no justification for the respondent to overlook or brush aside the said provision (Rule 138) and to reject the relief sought for by the appellant for extension of time.
Ruling: In light of the contentions put forth by the Appellant, the Honorable Court held that the respondents’ contention that the petitioner had adequate alternate remedy, was plainly unmerited and the contention that the respondents were desirous of challenging the orders passed by the IPAB could not be ground for the respondents to decline to implement the orders of an appellate authority. The DHC while directing the respondents to comply with the orders passed by the IPAB and examine the petitioner’s National Phase Application emphasized that “It is an essential that orders and directions of superior courts/tribunals are followed by the subordinate authorities. Non-adherence to such discipline would be plainly debilitating to the rule of law.”
India filing far lesser patents compared to other countries, says NITI Aayog senior consultant
In a lecture on ‘Science, Technology & Innovations in new India-Opportunities’ held at the Sri Venkateswara University, Tirupati, India, NITI Aayog senior consultant Dr. C Murali Krishna Kumar stated that India has been filing far less number of patents and citations compared to other countries such as Israel, Japan, South Korea and the US.
In his review of the present status of citations, patents, Research and Development (R&D) in the country, Dr. Kumar noted that the Indian Government contributes nearly 80% towards R&D, while the private sector contributes the same figures in most other countries. There is therefore an imperative need for the private sector in India to start making contributions to R&D in the country.
Out of Court Settlement with Apple possible, says Qualcomm CEO
Qualcomm CEO Steve Mollenkopf recently addressed the media and hinted that an out of court settlement with Apple was not out of the question. Mollenkopf had allegedly made a similar statement back in February, before the legal battle between the two tech giants intensified.
The fight between Apple and Qualcomm started in January this year, after the US FTC (Federal Trade Commission) complained that Qualcomm had engaged in anticompetitive patent licensing practices. Apple sued Qualcomm for $1 billion just days later, accusing the company of charging unfair royalties for “technologies they had nothing to do with” and refusing to make the royalty payments.
The battle has been intensifying with each passing month, for instance, Apple in late June expanded its lawsuit against Qualcomm, and at the beginning of July, Qualcomm filed a separate patent lawsuit against Apple and asked the FTC to block imports of select iPhone models into the US.
BananaIP’s Patent Tip of the Week
Post-dating patent applications is an important strategic option available to patentees
Post-dating is a provision available to applicants filing patents in India, under the Indian Patent Act. Post-dating permits an applicant of a provisional application to change the filing date of the provisional patent application (i.e., his priority date) up to 6 months. This provides him additional time to file a complete application, in furtherance of the provisional application. However, it must be borne in mind that the priority date will change and any intervening patent action may have an impact on the patentability of the invention.
Also, Convention and PCT applications have to be filed within 12 months from the original filing date of the provisional. Post-dating applications does not extend the 12-month deadline for filing Convention and PCT applications.
Author: BIP 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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