― Friday, 12th June 2020 Availing Patent Benefits – A ‘Status’ Check!
Every patent office provides certain benefits to Patent Applicants if they meet certain criteria (with respect to entity size, gross income and others). These benefits may be patent fee discounts or speedy examination processes.
This article touches upon the benefits extended by IPO, USPTO and EPO to entities based on their status.
― Wednesday, 27th May 2020 Not an Equal world for AI - No Inventorship for them!
With Artificial intelligence (AI) replacing humans in myriad sectors and operational aspects, it is not surprising that AI is able to concoct its own inventions. AI-generated inventions are (and may become) the norm, however, awarding inventorship to AI under the current patent system is far-fetched. So, is it justifiable denying patent rights to the actual inventor for inventions created by AI or does the patent system merely operate on the fact that AI is a machinewith no capability to exercise legal rights even if given any, and therefore unfit to hold inventorship for its creations.
― Wednesday, 27th May 2020 First Filing in India: A Requirement or a Choice?
Indian resident inventors may decide to file patent applications in multiple countries including India or entirely disregard India and go international! This may be due to weak market strength/poor demand for the product/invention in the country.
As per Indian Patents Act, it is mandatory to obtain an Foreign Filing License (FFL) if an Indian resident inventor decides to first file in a foreign country bypassing Indian Patent Office(IPO) . As per the rules, within 21 days of requesting for an FFL, the IPO, usually, either issues the FFL certificate or rejects the FFL request.
Another option is to first file in India and then wait for a cooling-off period (six weeks!) before attempting to file in a foreign country. In this case, an FFL is not required.
― Friday, 22nd May 2020 The Missing Link - IT Act and IPR Laws
Cyber laws are defined under the Information Technology (IT) Act of 2000 encompassing legal and regulatory aspects of the internet and the world wide web. However, certain entities/intermediaries such as e-commerce websites, search engines, and data aggregators sometimes come under scrutiny for violation of IPR laws when seen under the light of IT Act. Hence, protection to intermediaries from liability, arising out of content posted by users, needs be addressed by creating nexus between IT Act and IPR laws.
― Wednesday, 20th May 2020 Keeping an Eye on India - USA’s IP Priority Watch List
India has been grappling with big IP giants such as the US to establish its stance on the IP front. Owing to a fallible IP regime, India has yet again come under the US’s Priority Watch List and is required to meet certain expectations of the US in terms of trade and other IPR related policies. However, the question still remains whether India, being a sovereign nation, should let itself be subdued by the US or have its own say in IP matters concerning the nation.
― Friday, 21st January 2022 Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices
With respect to section 3(b), the Controller noted that the applicant had failed to explain how the nicotine delivery device prevents nicotine’s addictive effect, which poses a risk to health. Thus, rejecting a patent to the device on grounds of it causing serious prejudice to health.
― Friday, 21st January 2022 Claim Construction Error Requires Reversal and Remand
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the district court’s overly narrow interpretation of the disputed claim term.
― Friday, 21st January 2022 SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework
The NHK/Fintiv rule continues to rankle the top customers of the PTAB, and there has even been legislation proposed in the U.S. Senate to rein it in under the premise of making PTAB trials ‘fair and accessible.
― Friday, 21st January 2022 Sigma-Aldrich Files Substantive Preliminary Motion 1 to Change the Count in Interference No. 106,133
Sigma-Aldrich closes the brief with its bases for asserting that Proposed Substitute Count 2 is patentable over the prior art, based on arguments similar to the reasoning regarding the patentable distinctions between CVC's invention.
― Thursday, 20th January 2022 BMW Developing Adjustable Motorcycle Seat
An entirely new replacement for BMW’s R 1250 GS is currently under development and is likely to be one of the most anticipated new machines of 2023. Now comes a new patent that might be a hint as to how BMW intends to raise its game with the next-gen GS: the development of a seat that’s adjustable for width as well as height. It’s one of those ideas that’s so simple it’s astounding you don’t already see it in common use. You can already buy width-adjustable bicycle saddles to accommodate vast varieties of posteriors—the $250 BiSaddle, for instance—so why shouldn’t we expect the same level of adaptability in a high-end motorcycle?