― 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.
― Monday, 13th July 2020 Novel, Technological, and an Abstract Idea
This new petition for
certiorari asks the following question: Whether recitation in a patent claim of
a combination of steps determined to be inventive over an idea is “sufficient
to ensure that the patent in practice amounts to significantly more than a
patent upon the [idea] itself.”
― Monday, 13th July 2020 Landmark Judgment for German FRAND Law Published: Sisvel V. Haier
The German Federal Court of Justice (FCJ) has
issued its decision in a landmark case regarding standard essential patents
(SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs.
judgment will shape FRAND licensing negotiations and impact the enforcement of
SEPs before German courts.
― Monday, 13th July 2020 Vaporize your Fingerprints: Toyota Invention Inherently Obvious
The Board relied upon a
scientific article titled “Chemical characterization of fingerprints from
adults and children” in part of its obviousness analysis. On appeal, Toyota
argued that the article should not have been available for obviousness because
it was not “analogous art” to the invention.
― Monday, 13th July 2020 CAFC Vacates Order Denying Attorney Fees to ShoppersChoice.com
The CAFC held that the
District Court erred in failing to consider Electronic Communication Technologies,
LLC’s (ECT) manner of litigation and the objective unreasonableness of ECT’s
infringement claims, and further held that the court applied the incorrect
attorney fee statute.
― Friday, 10th July 2020 Uniloc denied chance to excessively seal information in patent dispute with Apple
The Federal Circuit has denied notorious patent troll Uniloc a chance to narrow requests to seal information or redact in an infringement dispute with Apple. Uniloc is a non-practicing entity known for its regular volleys of patent infringement complaints against companies like Apple and Google.