Arcadia Wins Foundational Australian Patent for Herbicide Tolerance in Wheat

The Australian Patent Office has quite recently granted a foundational patent covering herbicide tolerance in wheat to Arcadia Biosciences Inc., a consumer-driven agricultural technology company, headquartered in Davis, California. The company focuses on the development of traits for enhancing the nutritional value and quality of crops and food ingredients.

In a recent statement delivered, the company has mentioned that the newly granted patent provides Intellectual Property (IP) protection for mutations to the wheat genome that make it herbicide-tolerant. Furthermore, Arcadia has stated that it has also received a US Notice of Allowance from the US Patent and Trademark Office (USPTO) for the same technology.

All these announcements make both the United States and Australia the first major wheat-producing countries across the globe to approve the patents. According to Arcadia, additional Patent Applications are at present pending in several other prime markets worldwide.

The Chief Technology Officer at Arcadia Biosciences, Randy Shultz, has said that this patented technology shall serve as the foundation for innovations and inventions in herbicide tolerance in wheat in the coming future. He has further mentioned that with the help of additional research, this patented technology can even develop an exceedingly efficient hybrid wheat production system, which shall transform the entire wheat industry.

Currently, Arcadia is seeking potential licensing partners for its herbicide-tolerant wheat technology.

The Chief Commercial Officer at Arcadia, Sarah Reiter, has stated that this patented technology can indeed prove to an essential tool in the hybrid breeding toolkit for the right wheat innovators and inventors out there.

The USPTO has granted four patents to Arcadia earlier this year. Two of those patents correspond to extending the shelf life of whole wheat by reducing the oxidative and hydrolytic rancidity. Besides, the company has also received notices of allowance for two other patents that extend the earlier mentioned claims corresponding to the extended shelf life of wheat and reduced gluten grains. For view source: https://www.trademarkmaldives.com/blog/digimedia-tech-llc-sues-nikon-alleging-patent-infringement/

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CoronavirusOutbreak - How the Tech Giants are Easing Patents for a Greater Cause

The tech giants, most of the time, do every possible thing they can to keep their fundamental and crucial innovations under their purview. The most obvious way for them to do the same is via filing Patent Applications. Many of the widely-known tech companies out there file for thousands of patents every year. For instance, in 2019, IBM received a total of 9,262 patents and topped the business technology companies’ list of the most frequent patent recipients for the 27th year in a row. Moreover, companies, including Microsoft and Intel, are never far behind in this scenario as well.

IBM’s chief patent counsel, Manny Schecter, said in an article in 2018 that patents and the corresponding inventions are sometimes used as a currency for innovation. While keeping all such aspects in mind, something far away from the norms has to happen for the patent status quo to be disrupted, which, at present, is the ongoing COVID-19 pandemic.

The Open COVID Pledge

At the beginning of this month, all the tech giants mentioned above, along with HP Enterprise, Amazon, Facebook, and many others, joined a new initiative known as the Open COVID Pledge. To the specific, the tech companies are proactively setting aside the digital norms for allowing other companies out there to use their Intellectual Property (IP) temporarily and free of charge in efforts to combat the novel Coronavirus. In particular, the Open COVID Pledge is indeed like a superset of open-source licensing and Creative Commons for undoubtedly a difficult situation.

The best thing about this pledge is that all these tech companies, along with a couple of patent holders and laboratories, love their patents, and yet, they are willing to see the utmost importance of the better cause. The Chief IP Counsel at HP Enterprise, Brett Alten, wrote last week in a blog post that patents provide a competitive edge by granting the respective owners the exclusive right to prevent others from exploiting their unique innovations and inventions; however, in tough situations like the ongoing COVID-19 pandemic, cooperation holds more importance than the competition in all aspects.

The most engaging part is that the initiative or pledge came to life as a consequence of several academic and legal experts realizing a need, steering it, and then building something exceedingly robust for the tech giants to reply upon conveniently. As a part of the steering community, the General Counsel and Corporate Secretary for Creative Commons, Diane Peters, wrote in the blog post last week that the initiative came together very quickly due to the exigent circumstances. She further noted that Creative Commons is now looking forward to working efficiently with various policy experts and talented international legal professionals on the subsequent steps to make the Open COVID Pledge an impactful and fruitful reality.

According to some experts, there are a few complicating factors involved as well to make the pledge work since it deals with patents. The most critical aspect lies in the fact that some of the tech companies taking part in the initiative are not using the license created for the pledge specifically, and instead, using a separate license in the spirit of the Open COVID Pledge, which includes companies like Intel and IBM.

Nonetheless, it is undoubtedly incredible to come up with such an accomplishment in a short span. At the moment where so much is in the air, and a lot of technological innovation is the need of the hour, the Open COVID Pledge can provide ways to determine effective treatments and cures for the deadly Coronavirus.

For view source: https://www.trademarkmaldives.com/blog/coronavirus-outbreak-how-the-tech-giants-are-easing-patents-for-a-greater-cause/

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Unfolding The Hand-In-Hand Relationship Between Blockchain And IP

The to-the-point definition of the term blockchain defines it as an anonymous online ledger that efficiently keeps a growing list of records, known as blocks, which are, in turn, linked using cryptography, where every single block contains a cryptographic hash of the previous block, transaction data, and a timestamp. As a Peer-to-Peer Electronic Cash System, blockchain was invented by an inventor with the pseudonym Satoshi Nakamoto back in 2008. The blockchain technology is a concept that is too simple on the one hand and much complex on the other. It is exceedingly diverse in all of its uses. Many experts across the globe believe that the blockchain phenomenon is quite similar to the revolution brought by the Internet and the online world. When it comes to the industrial application of blockchain technology - Finance is undoubtedly one of the leading areas where it is traversing its roots.

The early birds that filed a patent on the blockchain include some of the widely known financial institutions such as Goldman Sachs, Mastercard International, and Bank of America. In India as well, people have filed a few Patent Applications on the blockchain technology. Other than blockchain, shared economy, smart contracts, file storage, governance, identity management, Internet of Things (IoT), stock trading, data management, e-commerce, healthcare, life sciences, pharmaceuticals, luxury and consumer goods, and automotive, are some of the fields in which technology is gaining immense pace and momentum.

It is a matter of fact that yes - Intellectual Property Rights (IPRs) and the blockchain technology go hand-in-hand. On one side, IPRs protect blockchain, and blockchain, on the other side, can efficiently serve to strengthen the already existing Intellectual Property (IP) regime. Without any doubt, the world, at present, is realizing the enormous potential that blockchain holds, and IPRs are indeed going to play an integral role in coming up with a protected environment for the development of the technology. While taking into account the other side's aspect, we can observe that the security and reliability offered by blockchain can very well strengthen every phase of the lifecycle of the IPRs including creating licensing agreements, resolving disputes over ownership, identifying counterfeit products, or creating an IP register to keep a record for all forms of IPRs.

Initiatives Taken by the Indian Patent Office

Many nations across the globe have started realizing the true potential of blockchain technology, and India is no exception in this case. The Indian Patent Office (IPO) is doing its best to stay at par with the technological advancements. It expects to be able to predict the timelines for users corresponding to the different actions to be taken by the office.  A scientifically-handled workload-based allocation of patent applications to the examiners shall result in making optimal use of human resources available.  Automated checking against all the formal requirements, including attachments, application formats, amongst many others, can speed up the entire process by reducing the manual intervention required.  With reduced manual intervention, there shall also be an impact on the accountability and transparency procedures in an optimistic way. For achieving all the above measures, the IPO is efficiently establishing a legal framework for a blockchain-based IP registry to commercialize ideas and further protect them.

Final Thoughts

The use of blockchain technology for the benefit of the IP industry is indeed significant. However, like other emerging technologies, blockchain technology has a few setbacks as well. At present, such setbacks include the need for massive processing power and restrictions on the number of transactions per hour. The reality is far away from simple when it comes to the ultimate notion of a method for connecting the IP registries around the world via a single distributed ledger. Remember, successful and proactive management of IPRs using blockchain requires having a standardized platform that is adopted internationally. For view source: https://www.trademarkmaldives.com/blog/unfolding-the-hand-in-hand-relationship-between-blockchain-and-ip/

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PayRange Sues KioSoft Alleging Patent Infringement

PayRange Inc., which is a network for day-to-day purchases, has quite recently filed a lawsuit against KioSoft Technologies LLC, a technology leader in the payments industry since 2002, alleging Patent Infringement. Consequently, PayRange is now looking forward to seeking damages estimated to be over $50 million, along with a permanent injunction barring further infringing sales.

Established and founded in 2013, PayRange proactively developed the original mobile payment system for use in non-networked unattended retail machines, including amusement, laundry, and vending. The company efficiently protects its innovative technology, creative works, and Intellectual Property (IP) portfolio with 18 patents and even more than 35 pending Patent Applications.

At present, PayRange is the market share leader having millions of users and hundreds of thousands of deployed machines. On the other hand, KioSoft Technologies sells mobile payment solutions unlawfully by infringing upon PayRange’s patented technology. PayRange’s patents cover a wide variety of innovations, including the foundational approach of authorizing payment to unconnected machines leveraging the user’s smartphone, firmware updating of offline machines, viewing machine status on smartphones, and retrofitting existing machines along with payment acceptance devices.

Paresh Patel – the founder and CEO of PayRange, has stated in the lawsuit that his company has invested tens of millions of dollars in both research and development for bringing to market the solutions that have revolutionized the industry. He further said that his company shall always vigorously protect its investment to prevent the competitors from selling infringing products.

PayRange’s counsel on this matter, Wilson Sonsini Goodrich & Rosati, filed the Patent Infringement Lawsuit against KioSoft by stating that the company disregarded PayRange’s Patent Rights blatantly by attempting to encroach upon PayRange’s customers with a solicit new business and copycat product. Now, PayRange is looking forward to seeking recovery of damages, which may even exceed $50 million as per the lost profits, royalties, or price erosion, along with a permanent injunction for preventing KioSoft from continuing future infringement by selling, maintaining, and supporting copycat products, for instance, mobile apps.

Founded by Paresh Patel, a veteran of the automated retail industry, PayRange provides operators and customers with convenient and secure mobile payment and loyalty solutions for amusement, laundry, and vending. With even more than 3 million users and a network of machines throughout 350 cities and towns in the US and Canada, PayRange is currently the North American leader in mobile payments for unattended retail.  For more visit: https://www.trademarkmaldives.com

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6 Simple Steps To File A Utility Patent In The US

When it comes to patents, inventors often refer to utility patents. It is because these patents cover the most prevalent categories of invention. They grant protection to new ideas that produce unique and useful products. As the utility patents can prevent a lot of inventions from being used by other people or companies without permission of the owner, a majority of Patent Applications emphasize these types of patents.

For an invention to obtain Utility Patent Protection, it must fall under one of the following categories:

• Machines that often consist of moving parts, for example – an engine.
• Processes that are in the form of stepwise methods, for example – approach to do any business.
• Useful items that include no or a few moving parts, for example – a screwdriver
• Compositions of matter that encompass compounds or mixtures, for example – drugs.

If you are having any of the above-given types of inventions and wish to get it patented, then you should meticulously go through the below steps.

Six Fundamental Steps to File a Utility Patent

Note that, the process to file a utility patent is country-specific and therefore, varies from nation to nation. The step-wise process provided here is according to the USPTO (United States Patent and Trademark Office).

1.     Understand patent purpose

The prime purpose of a patent is to empower the inventor with the right to prevent others from manufacturing, using, selling, and importing his invention. It is an exclusive Intellectual Property Right (IPR) that the patentee can enjoy for a specific period. The duration for which the patents are valid is territorial-bound, for example –in the US, a utility patent lasts for 20 years from the date of filing the application.

2.     Maintain invention record

It is imperative to maintain the invention record, including appropriate diagrams and descriptions; important dates, like the date of creation; reason behind the origin of the idea or invention and; signature of at least 2 witnesses supporting the invention.

3.     Ensure that the invention meets the standards set for patenting

Make sure that the idea or invention for which you are seeking a utility patent should suffice the patentability criteria. For this, you should consider the following points:

• It is not possible to obtain patent protection for an invention from an idea.
• The work and the efficiency of your idea or invention matter a lot.
• The invention must be unique, i.e., it should not appear similar to any existing one.
• The invention or idea must be non-obvious and should hold an excellent subject-matter.

4.     Commercialize potential

The patenting process involves enormous costs. Hence, it is essential to ensure that your invention is worth patenting; otherwise, you can face tremendous monetary loss due to the rejection of your patent application. To prevent such occurrences, you need to be familiar with the market in which you are planning to launch the product. Besides, your invention should hold the ability to stand out in millions to make money via licensing and other ways.

5.     Conduct the patent search

Patent search plays a vital role in the process of obtaining patentability as it can help you in determining whether your invention is new or not. That’s why you should carry out a patent search that includes fetching all the relevant data and information from the U.S. Patent Office and many other journals.

6.     Be aware of the documents required

For obtaining utility patent protection for your invention, you need to be sure for providing the following documents:

• Form 1: Application for allowance of the patent
• Form 2: Provisional or complete specification
• Form 3: Undertakings under section 8
• Form 4: Declaration as to inventorship
• Form 26: If filed through a patent agent, then the power of attorney

When should you file a utility patent application for your invention?

It is crucial to file your patent application as soon as you could after completing your invention. It is because as per the Patent Law, the first person who applies for the patent is always considered as the inventor, no matter whether he is the real inventor or not. Apart from this, the timely filing of the utility patent application can serve you with many other benefits. Once applied for the patent, you can confidently protect your invention with a label “patent pending” as it will keep the potential infringers away. It will also provide you with a profitable option to seek royalty payments from the person or company who used your invention during the pending period, including the provisional period as well. For view source: https://www.trademarkmaldives.com/blog/6-simple-steps-to-file-a-utility-patent-in-the-us/

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