Thiruvananthapuram: TDB Bids To Get Patents For Its Temple Prasadams

The Travancore Dewaswom Board (TDB) is seeking to get patents for its temple prasadams, including Ambalapuzha Palpayasam, Sabarimala Aravana, and Kottarakara Unniyappam.

TDB’s president A Padmakumar said that they have decided to obtain a patent cover for their iconic temple prasadams following a report pointing some people who had not just tried to make counterfeit Ambalapuzha Palpayasam but also sold it to gain profits illegally. Obtaining a patent will prevent unauthorized producers and sellers from fraudulently producing and selling the products under Ambalapuzha Palpayasam or a similar name.

He added that the board had put this step to determine the sale of false versions of its iconic temple prasadams as many catering agencies, bakeries, etc., are found to be involved in not only preparing the same or similar palpayasam but even claiming it to be the real Ambalapuzha Palpayasam. The CTB has commenced making legal moves to deal with the cheaters who are deceiving people by naming their prasadams as the popular Ambalapuzha Palpayasam. The law department already has been asked to assist the board with legal opinions to handle the case.

Mr. A Padmakumar further explained that it is for the first time in history when temple prasadams will be going to get secured under Patent Protection. The decision to get the patent rights has been made under the Geographical Indications of Goods (Registration and Protection) Act, 1999. As per this Geographical Indications Act (GI Act), which refers to a sui generis Act of the Parliament of India for better protection of Geographical Indications related to products in India, no one except the authorized user is allowed to use the name of a specific product.

Earlier this month, the TDB had initiated some legal measures against a bakery for allegedly preparing and marketing milk porridge in sealed packages under the Ambalapuzha Palpayasam. Besides bakeries, many marriage caterers and catering houses are discovered making profits by trading counterfeit palpayasam as Ambalapuzha Palpayasam, and the board has decided to act legally against them, said the president. The real prasadam is prepared, offered to the deity, and then distributed to the devotees at the temple. Lastly, he said that this is the first case where anyone is making efforts to get patents for the temple offerings. For view source: https://www.trademarkmaldives.com/blog/thiruvananthapuram-tdb-bids-to-get-patents-for-its-temple-prasadams/

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EagleView Wins Intellectual Property Lawsuit

EagleView, a technology provider of aerial imagery, geographic information system, and data analytics solutions, recently announced a significant legal decision revealing that Verisk Analytics, Inc. and Xactware Solutions, Inc., willfully infringed EagleView’s Intellectual Property (IP) and technological innovations.

26th September 2019’s jury verdict in the U.S. District Court for the District of New Jersey confirms that Verisk and Xactware used EagleView’s technology and innovations without its consent and in violation of the U.S. Patent Law.

What’s the Case?

In late 2015, EagleView filed a lawsuit against Verisk and Xactware claiming that the two competitors are involved in the willful infringement of its patents encompassing some unique technologies. The filing was emphasized to hold Verisk and Xactware accountable for infringing EagleView’s technologies.

The jury favored EagleView on every issue has awarded it $125 million in damages. Besides, the Court has issued a temporary restraining order preventing defendants’ sale of Property InSight, Geomni Roof, Roof InSight, and Geomni Property, as well as, use or sale of Aerial Sketch version 2 after 25th September 2019. This order will be in effect until 8th October 2019, the date set by the Court for a hearing on a permanent injunction.

Rishi Daga, CEO of EagleView said that they understand the distraction their customers are encountering due to the ongoing lawsuit, and thank them for standing beside the company even when it was forced to safeguard its IP and technology in court. The recent decision enables them to continue serving the clients with superior customer services across insurance, energy, roofing, and government, and to look forward to driving innovation through data analytics derived from aerial imagery as well as bringing impactful solutions. EagleView will consult the affected customers to determine if the firm can assist them in any manner or customers can contact EagleView at https://www.eagleview.com/support/.

The jury found that the patents involved in this case were valid and amongst the more than 200 patents in the plaintiff’s portfolio. They also discovered that Verisk and Xactware had infringed the patents willfully, awarding $125 million to EagleView for damages due to past Patent Infringement.

Verisk and Xactware have repeatedly taken measures to prevent EagleView’s claims from reaching in the front of a jury trial, including attempts to invalidate EagleView’s claims in district courts and challenges to the plaintiff’s patents with the USPTO. EagleView succeeded in securing overwhelming victories at the USPTO, with 149 applications related to its patented technology comprehensively upheld after several appeals.

Kirkland & Ellis LLP and Walsh Pizzi O’Reilly Falanga LLP are the co-counsel represented EagleView at all levels of the lawsuit and relevant patent proceedings, including the recent IP trial win.

EagleView is emphasizing on transforming the way people work by bringing in the highest level of accuracy in today’s persistently changing world. It is expected that this win will help the company in achieving its goals. For view source: https://www.trademarkmaldives.com/blog/eagleview-wins-intellectual-property-lawsuit/

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National College Teachers And Scholars Get Patent For Thin Film Invention

A research group of five scholars and teachers from National College, Trichy has recently obtained a patent from the government of India for a unique invention in cuprous oxide (Cu2O) thin film.

The Patent Protection has been granted to secure the invention that has been titled as ‘Morphology, bandgap, and grain size tailoring in Cu2O thin film prepared by modified chemical bath decomposition technique.’ The research group that has been awarded patent by the government comprises A T Ravichandran, Dhanabalan, Srinivas Mantha, Vasuhi, and Chandramohan.  The thin film created in this new invention is a layer of materials ranging from fractions of a nanometer to many micrometers in thickness. As per the inventors, i.e., the five group members, these thin films possess a wide range of applications in solar cells, protective coatings, sensors, and more.

A T Ravichandran along with his team members said that obtaining patents for thin films is quite rare, especially when their invention involves chemical methods. Nevertheless, they managed to get the patent rights for successful and efficient reproducibility for its properties.

He further added that the team has plans to upcome with a startup through which they supply such thin films in the future to the industries that need them. He continued by saying that there are nearly ten thousand people who are involved in carrying out researches in the same area and getting a patent for their invention is indeed a great achievement for the entire team.

Mr. Ravichandran also explained that the controlled synthesis of materials as thin films, referred to as the deposition process, is a fundamental step in several applications. One of the most common examples of this is the household mirror that generally holds a thin metal coating on the backside of a sheet of glass to form a reflective interface.

It is predicted that this move by the Indian government would encourage the students as well as teachers to actively participate in such types of researches and thus, come up with more and more inventions in the future. Besides benefitting the researchers by enhancing their skills, the department’s move to grant patents for useful inventions will be beneficial for all, including the nation’s economy, citizens, Patent Attorneys, and more. For view source: https://www.trademarkmaldives.com/blog/national-college-teachers-and-scholars-get-patent-for-thin-film-invention/

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What is the Difference between a Provisional Patent and a Permanent Patent?

Your invention is the result of your hard efforts, and you must not want anyone to make profits by using it or a similar one without your consent. Patent Registration is one of the most valuable sources, which empower you to prohibit others from using your unique and new ideas in today’s malicious era where issues like patent infringements are common. A patent, if granted, bestows you with not just the Intellectual Property Rights (IPRs) to ensure the protection of your innovation but also a good reputation that attracts profits. However, to enjoy the full-fledged benefits of registering a patent, you must know about what a provisional patent is and how it differs from a permanent one.

Provisional Patent

It is imperative to note that there is nothing like a provisional patent in the present Intellectual Property (IP) industry. Nevertheless, a Provisional Patent Application is an introductory step towards the road of getting robust patent protection. Filing a provisional patent application is crucial as it allows the inventor to market his invention without any worry related to its theft and to continue with further development and patent operations. It is a legal document that provides an early filing date and gets transformed into a granted patent only when the applicant applies for a regular non-provisional patent.

Permanent Patent

The permanent patent provides the Patent Protection that prevents unlawful using, making, copying, and sharing of the same or similar invention. The permanent patent application is a techno-legal document that includes a description explaining the invention, disclosing the best-known procedures of carrying it out, and one or more assertions showing the scope of the invention.

Difference between Permanent and Provisional Patent

• The foremost fact that establishes a difference between these two patents is cost. For instance, Filing a Provisional Patent application is cheaper in comparison to filing a permanent one and therefore, beneficial for individuals, companies, etc., that are available with a limited budget. Besides, provisional patent registration demands no legal necessities, which are compulsory in case of permanent patent registration.
• By filing a provisional Patent Application, the inventor can secure his/her invention as soon as he/she creates it and along with the benefit of maintaining and supplementing that invention. It means this application allows you to continue working and making improvements in what you have invented even after filing it. Once done with the modifications in your invention, you can apply either for its permanent patent registration or another provisional patent associated with the same. On the other hand, filing of a permanent patent application provides no option to make changes or add any new subject matter to your invention. Therefore, if you want to protect what you have invented while working on its improvements, then it is essential to file a provisional patent application rather than a permanent one.
• The role of the Patent Office is another remarkable aspect that differs provisional and permanent patent applications from each other. Patent Office doesn’t emphasize the provisional patent application until and unless the inventor files a permanent patent application that claims privileges and benefits of the priority under the provisional application filing. It means until and unless the inventor moves forward to permanent registration, there is no need for an additional fee associated with the Patent Attorneys or office. In other words, the provisional patent application enables you to lay the foundation for getting a patent, be benefitted with patent-pending, and preserve funds in the process, whereas permanent doesn’t.

Undoubtedly, provisional and permanent patents are quite different, but if used together, these two vital tools can secure your invention in the best and fastest possible way. Nevertheless, it is imperative to note that the provisional patent application remains pending at the Patent Office for a maximum of 12 months from the date of filing. So if an applicant files a provisional patent application, then he must apply for a corresponding permanent patent also within the twelve-month patent pendency duration of the provisional application. Why? It is essential to accomplish the Patent Process with ease and get comprehensive advantages of patenting an invention. 

For view source: https://www.trademarkmaldives.com/blog/what-is-the-difference-between-a-provisional-patent-and-a-permanent-patent/

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Indian Government Eases Rules for Patent Filed By Women & Many Others

Recently, the Indian government has simplified the rules set in the nation’s Patent Law for patents filed by women, government agencies, and small entities. It has also incentivized Indian companies to obtain Patent Protection abroad.

DPIIT, the Department for promotion of Industry and Internal Trade, has announced the further rules amending the Patents Rules, 2003. Besides, it has also facilitated the testing of patents in cases wherein the applicant is a startup, small entity, or an organization, either founded under a Central, Provincial, or State Act or controlled, owned, or financed (wholly or substantially) by the government.

An expert on Intellectual Property Rights said that they expedited the testing of patents to foster creativity amongst startups, women, and small companies, and to aid the Indian government for commercializing its patents by charging a royalty.

The government has also fostered Indian companies for filing patents abroad. It has put an end to the charge needed to be paid for filing the electronic international application with the Patent Cooperation Treaty (PCT) and the transmission via the World Intellectual Property Organisation, abbreviated as WIPO and created to incentivize creativity and encourage the protection of Intellectual Property (IP) worldwide.

Moreover, the department has drafted guidelines concerning the protection of IPRs in educational institutions like schools, universities, and colleges. These guidelines have revealed that an academic institution can enjoy the long-lasting patent rights if any of its student, staff member, or researcher has utilized its funds and resources for the development of a useful asset. In other words, if an institution associated with education works as per this condition, the patent rights will rest with it.

It is predicted that this move of the government and relevant legal teams will prove to be beneficial for all, facing challenges in dealing with the rapidly increasing competition in the present competitive market. However, the recent amendments in Filing a Patent Application to get a patent in India and overseas demand investment of some time and efforts of Indians but it would serve them with more benefits and better opportunities.

For view source: https://www.trademarkmaldives.com/blog/indian-government-eases-rules-for-patent-filed-by-women-many-others/

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8 Steps to Prevent Unauthorized Use of Intellectual Property Online

Your company’s Intellectual Property (IP), regardless of what it is or the form in which it is existing, is often more valuable than anything else. Hence, the security teams and IP executives of your firm must understand the need to keep these crucial assets safe against the rapidly emerging dark forces that are continuously trying to steal them. With the advancements in digital technologies, robbery and unauthorized use of inventive works like pictures, content, or other vital IPs have become very common. The unique online IP assets that are intended to gain followers and customers for your business if stolen and used by others can reduce your profits. Therefore, it is essential to legitimately prohibit others from infringing on your online intellectual property.

Steps to Protect your IP Online

Is somebody already using your work and thus, earning on your name? Don’t worry as the following steps will not only help you in dealing with unlawful use of your work but also reduce the possibilities of your IP’s theft in the future.

1. Comprehending Copyright Law is Must: Your unique blog, picture, content, and video are your IP and get protected from the moment you create them. Undoubtedly, it means that no one can use the work without your permission, but many people (knowingly or unknowingly) still try to reproduce it. No matter what the reason is, people often try to steal and use your assets. Nonetheless, you can prevent them from doing so by using the copyright protection surrounding your work, but as different work is protected differently, there is a need to have a deep insight into copyright law. Besides, filing a wrong Copyright Infringement case can leave you with penalties, thus turning it more significant to comprehend the law.
2. Issue an Official Copyright Notice: Such notices are one of the best means to prevent people from violating your work as it informs people that the particular work is your IP. Though these notices don’t grant additional protection or rights, yet putting them in your content can keep your work safe.
3. Formulate an Easily Understandable Permission Policy: Create an explicit permission policy that provides clear statistics about how users can use your work. Tell them for what kind of use they need to take your permission and what they can use without seeking your consent. It will benefit you by making people consult you before using your content as well as by giving a published standard that you can refer to if anyone infringes your IP.
4. Have insight into Users’ Intention: Not every person who re-posts your work does so to violate it. Some may do this as they are not aware of the law or the fact that the work is your IP. Moreover, a few may be using it just because they want to develop the interest of their target readers. Hence, be cautious and have an ideology about the users’ intention behind using your asset before taking any legal step.
5. Request Removal of your Work: Many times, the users’ motives are not harmful, i.e., they are violating your Intellectual Property Rights (IPRs) unknowingly. Even after executing the previously mentioned step, if you still come across such users, be kind to them and try not to suppress their enthusiasm. Send an email or put a comment informing them that they are unintentionally committing an illegal act. Furthermore, suggest them to get benefitted from your work by using it legally as per your permission policy.
6. Turn Your Request into Demand: Are the users not responding to your request aptly? It’s time to be a little bit rigid and turn your request into demand. Send a demand letter or an email asking the users who are behaving as offenders to remove your copyrighted content from their site.
7. Extract Benefits from Infringer’s Hosting Service: Are the offenders still not ready to cooperate? Carry out some searches and discover their WhoIs record. You can do this by utilizing the efficient tool named as DomainTools. The information gathered in this way will reveal their domain registration information, encompassing the details of the host of the website. Create an email, including statistics that why you want the offenders to remove your work from their website. The legitimate service on receiving your email will investigate the case, and if it discovers your request appropriate, then demand the offender to respond as you want. Nonetheless, if the infringers don’t act aptly, it will take their website down.
8. Hire an Attorney-at-law: Do the service providers appear shady, incompetent, or offshore? Relax as it is not a new concern, many people suffer from the same one. At this instance, IP attorneys can serve you with relief by putting such nasty infringers out of your professional life. They can even proffer guidelines on How to Manage Intellectual Property, how to ensure effective IP Portfolio Review and Management, etc., to avoid similar worries in the future.

IP is the base of almost every business, and thus, no one can afford to lose these valuables in others’ hands. Hopefully, the steps in this article will prove beneficial in safeguarding your intellectual property online. So don’t miss out on these steps as not directly but undoubtedly they play a crucial role in your overall success. For view source: https://www.trademarkmaldives.com/blog/8-steps-to-prevent-unauthorized-use-of-intellectual-property-online/

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