5 Vital Things To Consider Before Applying For A Patent

On the path from just an idea to inventing success, there are undoubtedly many pitfalls that can disturb our way. Sadly, one of the biggest pitfalls is incomplete knowledge. There are a lot of things that we as inventors should know. From the importance of patenting our invention to How to Apply for a Patent and understanding the role of patent protection are some obvious things with which we should be familiar. What follows, however, are the five things that inventors must know and understand when they intend to file a patent application.

Five Key Points to Consider When You File a Patent Application

1.     Comprehend ‘Why Are You Doing This?’: People often take patent filing as just a task related to their invention, and thus, go with the flow and apply for a patent. Well, it is not at all a good idea, you should always actively engage in the patent process after gathering complete information as, after all, it’s the matter of your invention’s protection. Comprehend what patents are for, how can they profit your business, what do you expect from them, etc. In general, you may want to file a patent application for several reasons. For instance, an issued patent grants you exclusive rights to stop infringers. Your patent application, whether it ends up with a granted patent or not, acts as a public prior art document that prevents others from filing a patent application for a similar thing in the future. A patent portfolio shows your seriousness about the protection of your IP and can boost your company’s reputation and prestige.

2.     Opt for Precise Filing Method: When it comes to the patent filing, you will find several approaches. Although it is a straightforward decision that you can easily make depending on your needs, gathering information regarding each method will be advantageous. You can opt for filing the non-provisional patent application, Provisional Patent Application, international patent application, PCT application, or Design Patent

3.     Prefer Working Under Supervision of Your Patent Attorney: Your patent lawyer do it for a living and strive to serve you with remarkable profits. Hence, he or she is a valuable asset in this whole Patent Process. Never hesitate to ask questions and clear your doubts. Besides, stay in touch throughout your application preparation process. Ensure that your attorney will prepare the final application based on your disclosure as it will make things go right and the procedure easier. The lawyers can’t read minds, and therefore, possibly need your help to explain everything in your application adequately. Ask your engineers and inventors to spend some time helping them. Don’t forget to make your attorney aware of what you consider to be the ‘inventive’ part of your invention and what differentiates it from the others’ already invented assets. Your lawyer assuredly knows that the application requires multiple details described precisely, and creates it in the same way. However, being careful and ensuring that everything goes correctly and politely on your part is also essential to avoid possible issues due to the use of stern language.

4.     Don’t Miss Out to Review the Draft Application: After preparation of the application when you are about to file it, you should review everything to ensure completeness and accuracy. Make sure that nothing important is missing, and the description describes every aspect of your invention such that all who go through it can understand the same. Moreover, emphasize substance more than style, i.e., though stylish and eye-catchy, yet if something seems weird, consult your attorney about it.

5.     Get Familiarized with Deadlines and Apt Timings: An experienced and knowledgeable solicitor is the best person to tell and explain these to you. Nevertheless, some imperative deadlines and timings as per the US Patent Law state that it’ll be in your best interest to apply for a patent before disclosing the invention to anyone. Furthermore, if you wish to prioritize your application officially at the USPTO, you have to do so on the day you apply, as it will not be possible later. Foreign and PCT patent applications need to be filed within a few months of the initial US patent application.

Conclusion

Although applying for a patent is a gratifying and proud process, it can be time-consuming and difficult. But if you stay updated with the day-to-day reforms surrounding the IP industry and consider the five points mentioned above, there will be no or hardly anything that prevents you from obtaining robust patent protection. Furthermore, stay confident to consult an Intellectual Property Law Firm or IP Attorney if you have any other query. Good Luck! ✅   For view source: https://bit.ly/2roU76K

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Where Does India Rank In Global Intellectual Property Filings?

Due to the rapidly growing technology making it easy to generate new ideas, create unique products, and enhance creativity, almost every individual and organization is striving to come up with something that can profit them. Nevertheless, this phenomenon results in increasing the competition that, in turn, leads to issues like copying and infringement of one another’s valuable assets. In this instance, Intellectual Property Protection appears as the best source to keep a person’s assets secure, and this is why Intellectual Property (IP) filing activities are continuously growing. Indeed, almost every nation in the world is witnessing an increase in IP filings. For instance, India, with a remarkable rise in trademark, industrial design, and patent filings, has achieved the top tenth rank among 49 countries positioned based on the total IP filing (resident and abroad) activities. As per the reports, the nation saw a hike of more than 20% in trademark filings, 13.6% in the industrial design fillings, and 7.5% in the applications for getting Patent Protection.

When it comes to overall, i.e., global upsurge in the IP filings, patent applications exceeded 3.3 million, which represents a growth of 5.2% in comparison to 2017. Trademark Applications totaled 14.3 million, up 15.5%, and Industrial Design filing projects amounted to 1.3 million. With around 50% of the total IP filings, including trademarks, designs, and patents, China has made the maximum increase in the global IP filings. In comparison to the IP applications filed in 2017, China observed over 160,400 more filings in the year 2018.

Though the second rank achiever – the US saw trademark filing activities rise by 4.3% yet a 1.6% decline in patent filings in 2018 is a concerning fact. It is the first fall that the country came across in the previous decade.

Asia has been developing as the universal hub for IP applications, according to Francis Gurry, WIPO (World Intellectual Property Organization) director-general.

Domestic Patent Applications, in India, reached 34% in 2018-19 from just 22% in 2013-14. As per the Department of Promotion of Industry and Internal Trade (DPIIT) report – including, information technology (IT), computer science, and science, almost every industry is adding to the significant rise in overall IP filings of the country. For example – Wipro and TCS (Tata Consultancy Services) – the two IT firms were positioned at first and second place respectively while the seven-year-old-startup Hike was ranked third in terms of applying for patents in the field of IT. Moreover, the India-based Kalvin Bharti Mittal-led firm has filed 66 patents. Although the company till now has not revealed the reason behind filing such a wide range of patent applications, it has been working in the field of research and development (R&D), encompassing Computer Vision, Social Network Analysis, and Natural Language Processing (NLP). The recently launched Hike Patent Program by the firm focus on incentivizing its employees with grants and rewards besides giving legal and market directions to patent filers.

In addition to the firms mentioned above, several other enterprises and entrepreneurs are actively participating in patent filings in India. It puts light on the fact that the individuals, as well as companies, comprehend the crucial role intellectual property fillings play in their professional lives. Well, it enables them to knowingly or unknowingly contribute to the growth of the nation’s IP filings. Furthermore, the government is also realizing the importance of encouraging the citizens to come up with new inventions, designs, etc., and thus, go for more and more IP fillings. And to make this happen in large numbers, the departments are continuously making efforts; for example – the Ministry of Commerce and Industry has recently proposed a reduction to Rs. 1,600 from Rs. 4,000 in Patent filing fees for startups and MSMEs.

Finally, with the growing usage of the internet and technology and nearly 60% of the Indian population to be young minds, it is possible to bring the nation among the top five IP fillings countries in the world in the future. Nonetheless, as the boost in the innovations will increase the IP filings and vice-versa, it is not at all the responsibility of the government or citizens alone to make efforts for this. Instead, both should help each other as it is the matter of securing the entire country’s IP assets and filing ranking. ✅   For view source: https://bit.ly/2O83m36

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Lizzo Accused Of Copyright Infringement Over CeCe Peniston’s Iconic Hit

After being accused of copyright-infringing CeCe Peniston’s iconic hit 90’s single – ‘Finally’ for her hit Juice, Lizzo may have a lawsuit on her hands.

Lizzo (real name Melissa Vivanne Jefferson), the 31-year-old singer, released her Juice in January 2019. Although the specific Juice didn’t set the charts on fire, it received endless airplay on radio, TV, and almost everywhere. But now, the song has been a subject of accusations of Copyright Infringement.

CeCe, the 50-year-old singer who released ‘Finally’ back in 1992, claims that features of Juice are similar to her song. She also shared a side-by-side comparison of a part of her song where she sings ‘Finally,’ alongside a particular part of Juice where Lizzo sings ‘ya-ya-ee, ya-ya-ee.’

CeCe’s caption, alongside her Instagram post, explains: the comparison between the two songs clearly shows that it is a copyright infringement case where Lizzo’s Juice is infringing ‘Finally.’

CeCe later added that this is a sensitive issue. She loves Lizzo’s music and artistry, but her concern is that lyrics and melody, which she wrote in her song ‘Finally,’ are now a part of Juice. She would like to resolve the issue positively without a nasty legal fight.

Although Lizzo is yet to respond to the allegations, it is not the first time when a singer has been alleged for copyright infringement. For instance, songwriter and producer Justin Raisen has recently alleged Lizzo for lifting the opening line, chords, and melody of her latest single – Truth Hurts from a song titled Healthy, which they had written together earlier this year.

Justin, in an Instagram post, said that they were never communicated about being credited for the profitable use of the parts of ‘Healthy.’ They have attempted to sort out the concern quietly for the past two years, asking for only 5% each but were shut down every time, Justin added in the last.

Currently, Lizzo is celebrating the success of Truth Hurts that has earned her the first No. 1 on the Billboard Hot 100 chart. ✅ For view source: https://bit.ly/2OiQ4RA

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TM And R: What Role These Trademark Symbols Play In IP Industry?

Trademark, also written as trade-mark, is any word, name, design, symbol, or combination thereof used to indicate the source of products to identify and distinguish them from goods of others. Undoubtedly, the definition of this exclusive Intellectual Property Right (IPR) is clear to most of us, but what about the vital elements related to it. Besides, queries like whether you can use a specific mark and when can you file a trademark application, there are several areas of trademarks around which confusion abound. One remarkably confusing area is TM and R symbols. People often appear confused with what these two trademark symbols represent, when should one use them, etc.

What do TM and R Symbols Represent?

The TM symbol, which can be used by any individual or company, indicates that a particular word, logo, sign, or phrase is a trademark intended to work as an identifier for the source of the relevant product or service. To use a TM symbol, the owners don’t need to have a Registered Trademark. In general, many companies opt to use this symbol for new goods or services in advance of and during the Trademark Application Process.

On the contrary, the R symbol indicates that the specific word, phrase, logo, or sign is a Registered Trademark, and only the owner or licensee has the legal rights of ownership to use it. It must be used only in the regions in which the owner possesses a valid Trademark Registration.

Can TM and R Symbols be Used at Any Time?

The precise answer to this question is both yes and no. In the case of the first one, i.e., TM, where you want to use a word, phrase, sign, or logo as a trademark intending to identify your company as the source of products or services, you are free to do so any time. As per some privileges under the common law of many companies, you can use TM symbol without applying to register a trademark. However, it enables you to obtain the protection, which is quite lesser as compared to that you could have enjoyed as the owner of a registered trademark.

In cases where you don’t want to or unable to go for trademark registrations, the use of the TM symbol can be a strategic decision. It allows you to tell the public that you are using this brand as a trademark, which over an extended period, will become recognizable in the marketplace as an identifier for your business. Moreover, it also signifies that you have legalities to protect your brand in mind, and thus, ultimately act as a deterrent to severe Trademark Infringement.

On the other hand, the R symbol can never be used without successfully registering your trademark with the associated trademark office. The use of symbol R on the mark that has not been registered is a criminal offense. Doing so can leave you with penalties or behind bars. Hence, whenever you decide to use a trademark symbol, it is better to proceed after being aware of the rules related to that symbol. Although it is possible to obtain the required information from several sources, knowledgeable IP Lawyers can be the best option. They can provide you with precise info, clear your doubts, and assist you in getting rid of any legal concern if you have already misused any mark.

What Should Be the Location of TM and R Symbols?

The upper right corner of the sign, logo, or word is the most common place to put these two significant trademark symbols. Nevertheless, placement of the symbols on the bottom right corner is also acceptable in cases when placing them on the top don’t appear pleasing.

Bottom Line

Here at the end, you have a wealth of information about symbols TM and R that will help you to secure your valuable assets under the Trademark Protection. Recognize your needs and select the symbol that suits you. Although using the symbols even on the registered mark is not necessary, electing to use them is a good idea as it can prevent issues like infringement, and thus, limit the losses that you otherwise can come across. If you want to know about any other trademark symbol or more regarding these two, then consult an adept Intellectual Property Law Firm. Having years of experience in the Intellectual Property industry, they can serve you with the best possible guidance! ✅ For view source: https://bit.ly/2CJFBt2

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DPIIT Announces Launch Of App For IPRs To Benefit SMEs And Startups

Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) announced that it had developed a mobile application and website on Intellectual Property Rights (IPRs).

Launched by the Modi government on 14th October 2019, the dedicated website and app are aiming at making Indian startups and SMEs learn to protect and maximize their innovations.

According to a government press release, these dedicated tools have been developed by Cell for IPR Promotion and Management (CIPAM), DPIIT along with Qualcomm and National Law University (NLU), Delhi. By playing a remarkable role in enhancing the competitiveness of the businesses and opportunities to take technology products to market, Intellectual Property (IP) can be a road directing startups and SMEs to a successful destination.    

Guruprasad Mohapatra, secretary DPIIT, explained that as both the app and website will be useful to communities that hold a considerable promise for the country and its economy, this project appears very significant. Startups and SMEs are more harmonized into investment and risk-taking due to lack of legal knowledge, and today, when the nation is on the threshold of the fourth industrial revolution, the interface between law and technology is growing and therefore, it is crucial to be available with a specialized app and website to help enterprises with the IP processes. 

The press release also mentioned that the e-learning platforms – L2Pro India IP e-learning Website and the L2Pro India Mobile App are expected to help not just startups but even entrepreneurs, innovators, and small and medium industries to understand IPRs for their protection, integrate IP into their business models, and obtain value for their R&D (research and development) efforts.

The L2Pro has been successfully implemented in various nations, like Italy, UK (United Kingdom), Germany, and France benefiting from close collaboration with IP Firms and public research institutions. The learning app has been customized for India to ensure that innovations are protected, managed, and commercialized.

The L2Pro India IP e-learning platforms will be available with 11 modules for three different levels, covering Basic, Intermediate, and Advanced. Each module would comprise e-text for understanding concepts, links to additional resources on the subject, short animated videos of the ideas, and quizzes for grading the learner’s knowledge and insight into the subject.

People can access these e-learning platforms through their desktop, laptop, mobile browser, and mobile app (on Android and iOS), and on successful completion of their e-learning modules, they will receive e-certificates by CIPAM-DPIIT, NLU, and Qualcomm. ✅   For view source: https://bit.ly/2NjWWic

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Facebook Faces Trademark Infringement Lawsuit Over Calibra’s Logo

A mobile banking firm – Current has picked a Trademark Infringement battle against Facebook Inc. over the logo for its new digital wallet Calibra, with which the social media giant’s cryptocurrency project Libra has to deal with yet another issue.

Facebook introduced Calibra as the subsidiary that will oversee its cryptocurrency plans, including the development of a digital wallet.

According to the plaint submitted by Current in the US District Court for the Southern District of New York on 10th October 2019, Calibra’s logo is confusingly similar and virtually identical to the mark that the plaintiff began using in August 2016.

Now, where the case turns more interesting is the fact that the designer of both logos is San Francisco branding firm – Character, named as a defendant in the current lawsuit. The complaint revealed ‘the logo designing company hadn’t informed Calibra that the logo it was providing to them appears identical to the logo it had designed for Current to use for banking services.’

It is still unclear how all that happened, but Current has filed an application relating to its logo on June 26th, some days after Facebook unveiled Calibra.

Current’s CEO Stuart Sopp said that the similarities in both logos are since Facebook introduced Calibra. He added that his company had worked with Character for around six months to get the logo. Facebook has all resources and money in the world, and if it has truly wanted to turn banking services more inclusive and fair, it should have come up with its ideas and branding, like his team. 

In its application for an injunction, Current said that all efforts like conversations through emails or over phone calls relating to a mutually acceptable resolution of the infringement matter had been unsuccessful. The plaintiff added that Facebook hadn’t responded to its letters objecting Calibra to use the infringing mark, thus compelling it to knock the door of the court to get preliminary and permanent injunctive and monetary reliefs. Appearing confusingly identical and virtually similar to Current’s logo, Calibra’s mark is resulting in irreparable damages to its reputation, goodwill, and market. Moreover, as the marketing channels that both companies use to advertise, market, and promote their services are the same, the infringed logo is likely to generate remarkable confusion and deception, Current explained. 

Concerning such news, Facebook’s Libra Association, the non-profit foundation formed to oversee the cryptocurrency, has been losing founding members. Following PayPal’s exit earlier this month, Stripe and eBay have decided not to support the Libra project anymore. Visa and Mastercard have also pulled their support out of the project before their first meeting in Geneva on 14th October 2019.

Observing stern resistance from regulators and others, the head of Facebook’s Calibra – David Marcus stressed that the social media giant would not proffer the Libra cryptocurrency until it has fully obtained appropriate approvals and addressed regulatory concerns. ✅ For view source: https://bit.ly/2NfoIwg

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An Overview On Protection Of Industrial Design In India

“A thing of beauty” – the poem that gives a message that beauty of a thing is a joy forever and never turns into nothingness has a great significance in today’s world where the appearance of a product counts more than its quality and utility. In the present age, most people select products, which attract them with the beauty of their designs. Besides, the liberalization and globalization have flooded the Indian markets with a wide variety of products, thus providing the consumers with numerous alternatives for whatever commodity they want. It has ultimately made consumers more selective. Therefore, the producers have to not only prove the reliability of their products but also satisfy the consumers’ aesthetic appetite. That’s why creators nowadays spend large capital on designs that enhance their products’ appearance, which then catches the attention of viewers/consumers. In other words, outer appearance/design plays an imperative role in the market by increasing the competitiveness of the product’s owner and enhancing societal life. Hence, the Industrial Product Design protection is essential to reward the owners’/designers’ creativity, encourage their future contributions, and prevent others from making earnings on their creations.  

Industrial Design Protection: Indian Law Perspective

As per the Intellectual Property Law in India, industrial design protection under Design Act 2000 refers to a type of Intellectual Property Right (IPR) that gives the exclusive rights to make, use, and sell products embodying the protected design to the selected people only. In general, these protection rights have a life span of 10 years, but if needed, the owner can get them renewed for an additional time slot of five (5) years. Industrial design protection is for the shape, color, line, configuration, and surface pattern that either improves the visual appearance or increases the aesthetics of the design.

Requirements to be met for Obtaining Design Protection

To attain the protection under Indian law, a design must:

• Be non-obvious,
• Associate with shape, pattern, ornamentation, or configuration of any product
• Suffice the novelty and originality, that is, before the date of applying for the registration, the design should not be published or used anywhere
• Be non-contrary, i.e., doesn’t hurt the feelings of anyone.

Procedure to Obtain Industrial Design Protection

In India, almost every design application is filed before the Design registry. It is advisable to proceed to the application filing after recognizing the class/category of the design to be protected. Once identified the class, you can go for either paper filing or online filing. After the application has been filed, it will be examined by the concerned office, which can issue objections following the examination report. You have to respond to the objections within three months. The office, if finds the response satisfactory, will grant the protection, which will rest with you for ten years. 

Designs that Can’t Get Protection

The Industrial Design Protection in India doesn’t protect the designs:

• Opposing to others moral values
• Describing the process of construction of an object
• Related to the appearance of books, calendars, jackets, certificates, forms, dressmaking patterns, greeting cards, leaflets, maps, plan cards, postcards, stamps, and medals.
• Associated with flags, emblems, or national symbols/signs of any country
• Of integrated circuits.

Importance of Industrial Design Protection

The industrial design used to be the most overlooked pillar of the Intellectual Property Protection, including patents, industrial designs, copyrights, trademarks, etc.  But now, as the present era is the age of creativity, aesthetics, and design, where the visual appeal of products is very significant, industrial design protection has become a crucial need for designers, manufacturers, and vendors. The rapidly turning competitive marketplace, objectives of copycats or infringers, and requisite to maintain a brand’s integrity are some aspects that will help you in understanding the importance of design protection. For instance, the visual appearance of a product is a vital thing that not just attracts the viewers but also helps them in distinguishing one brand from others. Once protected under deign law, the appearance/design will communicate the message that the product is genuine, and thus, attract more and more buyers. In other words, it will create a reputation that makes customers buy from you without hesitating. Besides, protecting the design of any product or packaging gives legal powers to stop the counterfeit products from destroying the relevant brand’s reputation and defaulting on the brand’s promise of efficacy and safety. It can provide many other significant benefits, including ownership of exclusive rights to make, use, and sell the design. Hopefully, you have understood the importance of securing your design under industrial design protection. If yes, then what are you waiting for? File the application now! ✅ For view source: https://bit.ly/2C9DM8n

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