Category Archives: Patent

Patent

SpicyIP Poll: Viva or No Viva for Patent Agent Exam & IIT-M’s Internship Opportunity for 2017 Exam Aspirants


In our last post on the patent agent exam, we had questioned the credibility of the recently released viva scores and revived the controversy over the constitutionality of the viva exam. We have now initiated an opinion poll on this controversy and would like to know our readers’ views on whether viva voce should be a part of the patent agent exam or not. Those of you who are of the opinion that it should form part of the exam, please tell us whether…


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Patent Plant Variety Protection

The Plant Variety Authority and Bt Cotton: A Case of Regulatory Capture?


We are happy to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. He has both a law and an engineering degree, and has been consistently ranked by multiple international agencies as one of India’s leading patent attorneys. He has extensive expertise in the mechanical, industrial, software, telecoms and agriculture sectors. He is involved in drafting and prosecuting patents, as also in…


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Patent

Patent Agent Exam 2016 Viva Scores: Revival of the Constitutionality Controversy


The result of the Patent Agent Exam 2016 is out. A total of 123 candidates have failed to qualify the exam owing to the low scores obtained in the viva-voce component of it. These viva scores have once again revived the controversy that the viva requirement of the patent agent exam has been mired in for some years now. Yesterday, we received some comments on our last post on the Patent Agent Exam, questioning the credibility of the viva process…


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Patent

WIPO’s New AI Translation Tool Fosters Access to Information on Patented Inventions


In a pioneering step towards facilitation of access to information on patented inventions, WIPO has developed a breakthrough tool, based on artificial intelligence, for instant high quality translation of patent documents. This tool, called WIPO Translate, can be used free of charge and is available through the WIPO’s PatentScope database that contains PCT applications as well as patent documents of participating national and regional patent offices. As we know, one of the objectives of granting patents is disclosure of inventions…


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Patent

Patent Agent Examination 2016 Paper-I Answers


The patent agent examination 2016 was held last month on November 27. The exam comprised two papers, one objective type (Paper-I) and other descriptive type (Paper-II). Mr. Muthu SenthilKumar has sent us a copy of the Paper-I wherein he has marked the correct answers and mentioned the relevant legal provisions. We have uploaded it on our website. Those interested, can view it here. Thanks to Mr. Muthu SenthilKumar for sending this to us.  


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Copyright Innovation Patent

Artificial Intelligence and Intellectual Property: Mind the Machine!


In a world that is revealing itself to be distinctly devoid of any natural (human) intelligence, artificial intelligence might well turn out to be less scary than we imagined it to be. Indeed, some months ago, when a student of mine asked me if I wasn’t worried about machines taking over, I quipped that I was more worried about Trump taking over. And if Trump did come to pass as President, tis’ only appropriate that machines take us over, I…


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Patent

First to File or First to Invent- Which system does India really follow?


The first to file (FTF) and the first to invent (FTI) systems define who shall have the right to grant of patent. Under the FTF system, the person who files for the patent for a given invention first is eligible for the grant of patent for that invention, regardless of the date of actual invention. Under the FTI system, if more than one applicant files patent applications claiming the same subject matter, the patent office institutes proceedings in order to…


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Competition Law Patent

IP vs Competition Law: Who Trumps Whom?


To say that IP vs Competition interface is a contested one is an understatement. Indeed, much ink has been spilt on resolving the apparent tension inherent within! And into this murky territory, I decided to wade right in…to commemorate what is known celebrated as the “World Competition Day”. I was requested to do a piece on this theme by CUTS, a leading think tank in India (and globally as well) on trade and competition policy. Apart from traversing the obvious…


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Competition Law Patent Unfair Competition

Samsung gets a favourable ruling v. Apple from the US Supreme Court


In a crisp 10 page unanimous opinion, the US Supreme Court overruled the (unanimous) Federal Circuit decision.   The US Supremes held that an “article of manufacture” need not be the end product as was claimed by Apple and agreed with Samsung that the article could be an intermediate product or a component !!! “The Federal Circuit’s narrower reading of ‘article of manufacture’ cannot be squared with the text of §289. The Federal Circuit found that components of the infringing smartphones…


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Patent Trademark

458 Patent Examiners recruited, 396 begin work!


Here’s some good news to begin the week! Earlier this year to commemorate World IP Day the Department of Industrial Policy and Promotion (“DIPP“) had announced the appointment of 458 new patent examiners. This was done to reduce timelines for examination of patents and trademarks.  As per a recent Financial Express report, of the 458 new examiners, 396 have already joined work after training. This indicates a four-fold increase in the number of examiners, up from the current figure of…


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