Wishing our Readers

We wish our readers a very prosperous and enlightened New Year ahead. This year we plan to bring more interesting and informative blog posts on global IP, grabbing insights on IP matters across the globe. For guest blog post contributions and queries, drop an email at guestblogadd@gmail.com  Stay tuned!

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Indian Patent Office launched Comprehensive e-Filing services

Following an initiative to offer transparent, user friendly and improved patent application e-filing services, Indian Patent office launched Comprehensive e-Filing services on  15.12.2012. Some of the key features offered under this service include: Dual way login (password and digital signature based), facility to update digital signatures, simplified e-filing process, elimination of transaction errors, validation with IPO patent database, etc. The user manual can be accessed here. This is a welcoming step offered by the Indian Patent Office, thus making the patent application e-filing process more efficient and streamlined. e-Filing services of the older version will be correspondingly discontinued w.e.f. 12:00 hrs IST on 31.12.2012. Readers may check the IPO website for any further updates.

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Provisional or Non-Provisional !

 

It is often seen that inventors are perplexed with the idea of filing a provisional patent application or a non-provisional one.  Interestingly the solution lies in the hands of inventors themselves. Here are a few points that may help you decide which one to file:

   1.   The stage of your invention plays a crucial role in whether you end up filing a provisional or a non- provisional patent application. If you are in the preliminary stages of finalizing your invention concept, it is better to file a provisional one.  Apart from that filing a provisional application gives you  an early priority date and an additional 12 months to file a non-provisional application. This time could be utilized to hone your application and invention research .

2.   For start ups and sole businesses , filing a provisional application proves to be beneficial when financial resources are limited and the invention or concept is in the nascent stages of development . In this case, the only benefit that a provisional application provide is an early priority date. 

3.   In case your invention is thorough and well defined, every detail  is tested and foremost if the funding is sufficient , one may think of filing a complete specification i.e. a non-provisional application . The filed non-provisional application will be eventually examined by the examiner on payment of requisite fee and if accepted, an inventor may get a patent granted for a span of twenty years in general.

4.  There is a misconception  amongst inventors that a provisional application will qualify for a patent. This is not true. The fact is that a provisional patent application has a life span of 12 months , within which an inventor is required to file a non provisional patent application disclosing the invention in the best possible manner.  The provisional application is not examined  by the USPTO. One has to file a regular or a non-provisional application with requisite fee to get their applications examined in order to qualify for the patent.

5.  There is an interesting thing to note here. If an inventor files a provisional followed by a non- provisional patent application within 12 months, then in case if a patent is granted on your invention, you will enjoy the patent rights for a span of twenty years from  the actual filing date of your non- provisional patent application . Hence filing a provisional gives you an additional year of patent term and the priority date benefit from the provisional application.

6.    Some inventors wish to save overall time and cost, hence prefer filing the non-provisional applications directly. However  if an inventor directly files the non-provisional application then the term of twenty years will be applicable from the filing date of non-provisional application and the priority date will be the effective filing date of the non-provisional one.

I hope inventors now find it easier to decide which application to go ahead with.

  

( Note: The article is not intended to give any legal advice to the readers.)

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Patent pool offers common hub for Technologies

 

These days technology based patents are all over the place. Firms are more concentrated on the permutations and combinations of tapping infringements, filing lawsuits, remuneration for damages etc. Amidst all this, there is a compelling need to implement a system which could act as a one-stop hub for licensing all technology related patents. This will potentially act as a marketplace for all future related IP licensing needs. In short, the concept of Patent pool shall be utilized for pooling technology based patents and thereby giving substantial opportunities to the member parties who are potentially willing to license-out or cross-license their patented technologies , alongwith the ones who are willing to be potential licensees of such technologies. Such Patent pools not only enhance technology based collaborations but also reduce the risk of litigation for other organizations offering or manufacturing products and services related to such patents.

In the past, we have seen many such Patent pooling consortiums. For example, Open Innovation Network® founded in 2005, founding members being IBM, NEC, Novell, Philips, Red Hat and Sony. Open Invention Network® operations include acquiring patents and making them available royalty-free to companies, institutions or individuals who agree not to assert their patents against the Linux System. Thus promoting technology based collaboration. Potential licensees of Open Innovation Network® agrees not to assert their patent rights on Linux based Systems on becoming OIN licensees. On the other hand, licensees can fruitfully benefit from the royalty free access to the valuable Linux based Patent portfolio.

Other such technology based patent pools include OpenPatent Alliance founded in 2008 by Alcatel-Lucent, Cisco Systems, Clearwire, Intel, Sprint and Samsung for patents related to WiMAX standard ( Worldwide Interoperability for Microwave Access). Another such consortium being the Medicines Patent Pool which aims to improve access to affordable and appropriate HIV medicines in middle or low income countries. More information on Medicine Patent Pool can be accessed from our earlier blog post here.

The recent addition to the patent pool consortium is Via Licensing's LTE ( Long Term Evolution ) Patent pool ( announced on October 3, 2012 ) for the wireless industry which aims at accelerating innovation by providing efficient, transparent and cost-effective access to LTE standard essential patents. The members offering their patents through this LTE Patent pool are AT&T, Clearwire Corporation, DTVG Licensing, HP, KDDI Corporation, NTT DOCOMO, SK Telecom, Telecom Italia, Telefónica, and ZTE Corporation.

Analyzing all this, we can hope additions of more such Patent pools in the near future enhancing technology based collaborations and building a stronger ecosystem for licensing present and upcoming technologies. 

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Are fashion patents here to stay !

In the recent times with advancements in global shopping networks and eCommerce based shopping platforms, there is an obvious adrenaline rush amongst renowned fashion brands to make an impact on the customers with their signature lines and unique apparel collections. Amidst all conventional methods of legal protection, fashion brands are eying on more substantial protection in the form of design patents. Design patents solely protect the ornamental or visual designs of the manufactured objects unlike utility patents which are granted on the functional utilitarian basis. Design patents encompass various aesthetic combinations of patterns, colors, shapes and configurations applied on various objects like jewelry, containers, apparel, furniture, etc.

Fashion or Apparel brands finds it more appealing to protect their industrial designs via design patents which confer them monopoly and exclusive rights to sell, distribute or license their designed products besides tapping infringements. For example, in a recent incident, Lululemon filed a legal suit against Calvin Klein for infringing upon their Yoga Pants design patent. Typically a Design patent protection in the US lasts within 14 years from the date of grant with no additional maintenance fee unlike utility patents which last in 20 years along with additional maintenance fee applicable. The reduced cost, reduced time and simple application procedure thus makes it an attractive proposition for fashion brands to go for design patents. Although, design patent applications are fairly simpler than utility patent applications but demands superior quality patent illustrations or drawings conferring to set standards to increase your chances of securing a design patent successfully.

Many fashion brands actively apply for design patents in order to safeguard their business from active competitors and to develop firm business strategies with open options for licensing-out deals. Besides protecting industrial designs at the national level, brands can actively protect their designs internationally by filing a single application for different designated countries via Hague System for the registration of International  Industrial Designs, administered by WIPO. For registering the designs across European Union, a single Community Design application can be filed mentioning the designated countries at the OHIM portal. It is important to note that the duration of such protection may vary depending on the international treaties and conventions involved.

Looking at the rising number of design patent applications each year, it is expected in future fashion businesses will rely more on such design based patent protections and will incorporate them under their core Intellectual Property business strategies. 

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