GNOME Foundation to Battle a Patent Troll in Court

The GNOME Foundation, a maker of the eponymous Linux desktops, has been hit with a sueball by Rothschild Patent Imaging LLC over how its Shotwell photo manager manages photos.

The plaintiff has alleged in a complaint filed at the United States District Court Northern California that the defendant has infringed its patent for a “Wireless Image Distribution System and Method.”

The Patent Application, 9,936,086, filed at the US Patent and Trademark Office (USPTO) on 2 June 2017, is dated 3 April 2018. And in a nutshell, it is related to flinging digital photos from one device to another wirelessly.

The GNOME Foundation is not the only firm being sued by the plaintiff; instead, there are many other companies. As per the Patent Litigation Website RPX Insight, there are six active and forty-two inactive cases involving Rothschild Patent Imaging. For instance, Rothschild has also sued Magix in a complaint associated with the same patent. In Magix’s case, it is the firm’s photo manager who has grabbed the attention of the plaintiff’s Patent Attorney.

Unlike Magix, the GNOME Foundation is a non-profit outfit. Neil McGovern, Executive Director for the GNOME Foundation, said that the suit is baseless, and they would vigorously defend against it. He added that due to the ongoing litigation, they, unfortunately, cannot make any further comments at this time.

While Neil, cannot speak more about this issue, we can imagine the lively shade of blue the air is running within GNOME towers.

The patent itself is the broad beast, emphasizing hardware and software and, importantly in the case of GNOME or Shotwell a method that involves capturing images, filtering them based on a theme, topic or individual, and then transmitting the filtered ones to another device wirelessly. Since the patent deals with wireless image distribution, it appears to be ridiculous because it means any software that transfers images from one device to another could be violating this patent.

Rothschild Patent Imaging LLC is owned by Leigh Rothschild whose modus operandi is to obtain patents on general ideas, which would be so broad that they could sue an enormous number of organizations. Defendants have only two choices, either pay Rothschild to settle the dispute or pay IP Lawyers to fight the court battle.

Apart from Magix and GNOME, Cyberlink’s FaceMe has also been on the receiving end of a complaint revolving around the pesky patent 9,936,086. Because the plaintiff was demanding $75,000 from each defendant for settling the lawsuits, it seems as if it is formed to make profits by suing other firms.

Unfortunately, patent trolling that enables an individual or company to enforce its patent rights against accused infringers far beyond the patent’s actual value or contribution to the prior art, usually through hardball legal tactics is the big business in many countries. There are many firms with the sole business model of gaining monetary benefits by using other companies. Well, this becomes possible because of the law that favors such patent trolls and defendants who pay the plaintiff to settle to the dispute. Nevertheless, this time, the GNOME Foundation has decided to fight the present lawsuit vigorously. If the Foundation wins, it would be an excellent example that prevents companies like Rothschild from making profits with the help of patent trolls in the future. For view source: https://www.kashishipr.com/blog/gnome-foundation-to-battle-a-patent-troll-in-court/

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How Permanent Patent differs from Provisional Patent?

Patent Registration is of paramount importance whenever you come up with a new and unique idea or product in today’s era, where unauthorized people hardly hesitate to steal your Intellectual Property (IP). In the present world, there are many individuals, companies, etc., that seek to make profits by taking away and using someone else’s assets.A Registered Patent gives you the legal authority to prohibit others from making, utilizing, or offering the creation without your approval. Apart from protecting the unlawful use of your IP, patent registration serves you with several other benefits, like goodwill, reputation, etc. Nevertheless, to enjoy the advantages of registering a patent, you must be aware of some useful aspects, especially the permanent patent and the provisional patent.

Permanent Patent

A permanent patent confirms the comprehensive protection of the patented invention. A permanent patent application refers to a complete portrayal of the inventor’s invention, along with the point-to-point strategy for carrying it out, assertions to explain its scope, and the claims to secure it under Patent Protection. The Intellectual Property Rights(IPRs) evolved through a patent with this application means no one can use the invention without its owner permission.

Provisional Patent

The first thing you should consider under this section is that there is no such thing as a provisional patent. However, a Provisional Patent Application is a preliminary step, before the filing of the regular patent to obtain a type of interim protection. It is a legal document that sets an early filing date and enables you to market your invention without any fear of losing it in the hands of others as well as procure cash for proceeding with further patent operations. Note that the provisional patent application does not mature into a granted patent unless you filea regular non-provisional patent application. Besides, if a permanent patent application claims that the invention disclosed in the provisional one is never filed, the same will ultimately become non-patentable.

Difference between Permanent and Provisional Patent

• One of the main aspects that differentiate these two vital patent types is the cost of filing them. Filing a Provisional Patent application is quite cheaper as compared to applying for a permanent patent and thus, appears beneficial for small entities like individuals, universities, and companies having 500 or fewer employees. Furthermore, filing of provisional application demands no legal formalities, which are necessary in case of permanent patent registration.Many times, the inventors don’t have enough money to safeguard everything they invent; provisional patent registration is a tool that proves valuable for those having a limited budget.
• Filing a provisional patent application facilitates you to conserve your invention immediately after the creation along with to continue maintaining, supplementing, and perfecting that invention. Once made improvements, you can either file another Provisional Patent Application or if wish, move to the permanent patent application. On the other side, once you filed a permanent provisional application, there will be no option to add a new subject matter or modify the invention. Hence, if you are working on your invention but want to secure the created part, then the provisional patent application is an ideal selection.
• Another aspect that not just differs but makes the provisional patent application better than the permanent one is the role of the Patent Office. Patent Office never involves itself with the provisional application until and unless the inventorfiles a permanent patent application claiming benefits and privileges of the priority under the provisional patent application filing. It means no additional fee, whether in regards to the Patent Attorneys or office is required until you want to step forward to permanent patent registration. With the provisional patent application, you can lay the foundation for obtaining the patent, have benefits of patent-pending, and secure funds in the process.

Although provisional and permanent patents are two different tools, they, if used together, can act as the best way to secure your invention under robust patent protection as soon as possible. However, if you prefer filing a provisional patent application, then it is essential to understand that it remains unresolved at the Patent Office for just twelve months from the date of filing. Hence, to extract comprehensive benefits of patenting your invention, you must file a corresponding permanent application also during the twelve-month unresolved period of the provisional application. Patent registration, including filing for provisional and permanent patents, is significant as well as beneficial when you come up with new inventions. Assuredly, it may not be as easy as said and demand professional aid, but the differences given-above can provide remarkable help. For view source: https://www.kashishipr.com/blog/how-permanent-patent-differs-from-provisional-patent/

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Indian Government Incentivizes Companies to File Patents Abroad

The government of India recently has simplified the rules for patents filed by women, small entities, and government agencies, and also incentivized Indian firms to file patents abroad.

The Department for Promotion of Industry and Internal Trade (DPIIT) has notified the additional rules to amend the Patents Rules, 2003. It has also expedited the examination of patents if the applicant is a small entity, startup, or an institution established by a Provincial, Central, or State Act, which is controlled or owned by the government as well as the institutions that are wholly or substantially financed by the government.

A maestro on the Intellectual Property Rights (IPRs) revealed that they have focused on expediting the examination of patents to encourage creativity in startups, small companies, and women. He further added that this step would help the nation’s government to commercialize its patents by charging a royalty.

Besides, the government has incentivized Indian firms to file patents abroad. It has done this by putting an end to the fees required as payment for the electronic international application under the Patent Cooperation Treaty (PCT) and the transmission through the World Intellectual Property Organisation (WIPO), created in 1967 to foster creative activities and promote the protection of Intellectual Property (IP) throughout the world.

The department has also floated draft guidelines for the protection of IPRs in academic institutions, including schools, colleges, universities, etc. As per these guidelines, the patent rights would rest with an educational institution if a student, faculty member, or researcher therein has used the resources and funds associated with it for developing a useful product.

This move by the government and legal authorities is expected to benefit the companies, women, entrepreneurs, and all those who are facing challenging times and stiff competition in today’s highly competitive market. Although it would take Indians sometime to plan their way according to the new amendments in filing a Patent Application to obtain Patent Protection within the nation and abroad, they will soon welcome new opportunities and benefits. For view source: https://www.kashishipr.com/blog/indian-government-incentivizes-companies-to-file-patents-abroad/

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TSMC Responds to Patent Infringement Lawsuit by GlobalFoundries

TSMC, Taiwan Semiconductor Manufacturing Company, took a day to digest claims of the Patent Infringement lawsuit filed against it by GlobalFoundries (GF), one of the largest semiconductor fabrication companies worldwide, and then responded by saying that the allegations of this Intellectual Property infringement are baseless. It also proposed that the GlobalFoundries is acting like a patent troll.

TSMC added that with 37,000 granted patents globally, it has been established as one of the largest semiconductor portfolios in the industry and attained a top 10 ranking for US patent grants for 3 consecutive years since 2016. The world’s largest foundry continued that it is disappointed to see a peer opting for a meritless lawsuit rather than competing in the marketplace.

The complaint filed on 26th August 2019 by GlobalFoundaries claims that TSMC along with a number of its customers and makers of various products have infringed 16 of the GF’s patents covering several aspects of chip manufacturing. The plaintiff claimed that TSMC’s 7nm, 10 nm, 12 nm, 16 nm, and 28 nm nodes allegedly use its Intellectual Property (IP). Among defendants, the firm named Apple, MediaTek, Broadcom, NVIDIA, Xilinx, Qualcomm, and some others.

The plaintiff had filed the case in the US International Trade Commission (ITC), the Regional Courts of Dusseldorf, and Mannheim in Germany, and the U.S. Federal District Courts in the Districts of Delaware and the Western District of Texas. It is looking for damages from TSMC and wants the courts to ban the products that use infringing semiconductors in the US and Germany.

On the other side, TSMC has denied the allegations by announcing that it will defend itself in the courts. The firm stresses that it spends billions of dollars on R&D (Research and Development) every year and has been granted 37,000 patents throughout its history.

High-tech companies typically counter-sue one another in IP infringement cases, so it would not at all be surprising if TSMC chooses to sue GlobalFoundries. Although TSMC assumes that the claims are baseless and thus, planning to defend itself against GF, still if any court not necessarily but possibly disagrees, TSMC and its clients would then have to work out a royalty arrangement with GF. For view source: https://www.kashishipr.com/blog/tsmc-responds-to-patent-infringement-lawsuit-by-globalfoundries/

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Tirur Vettila from Kerala obtains GI Tag

Tirur Vettila or Tirur Betel Leaf from Kerala has obtained a Geographical Indication (GI) tag. Mainly cultivated in Tirur, Tanur, Tirurangadi, Kuttippuram, and nearby regions of Malappuram district in Kerala, the product is unique and known for its high content of chlorophyll, protein, and antioxidant capacity. Although Tirur Betel Leaf is commonly used to make pan masala for chewing, it is often appreciated for its mild stimulant, digestive, and medicinal properties.

The application for the GI tag was filed in 2018 by Tirur Vettila Ulpadaka Sangam facilitated by Intellectual Property Rights (IPR) Cell, Kerala Agricultural University (KAU).

Indira Devi, Director of Research at KAU, said that Tirur Vettila’s shelf period is more in comparison with other betel leaves. Besides, Eugenol is the essential oil that contributes to its pungency. She explained that Tirur Vettila not only has a more antioxidant capacity, which adds to its medicinal properties but is also comparatively more pungent than many other cultivars. Adding to the explanation, she said that the GI Registration would hopefully enhance the marketability and demand of this unique betel leaf.

Even though it is a joint initiative taken by the IPR cell of the KAU, State Department of Agriculture Development and Farmers’ Welfare, and Tirur Vettila farmers, which now has reached its final destination, Tirur Vettila Ulpadaka Sangam, Malappuram, is the registered owner for this Gl-product.

Use in Pharmaceutical Sector

Dr. Elsy, Coordinator at IPR Cell-KAU, suggested that the possibilities of using the extracts of this betel leaf in the pharmaceutical sector are to be explored further. Traditionally, the betel leaf is known to be helpful in the treatment of multiple diseases. Vettila is a component of ‘Thampooladhi thylam’ and is useful in the preparation of indigenous remedies to treat cough. Chewing Vettila after meal enhances digestion. In India, betel leaf is routinely served during social, religious, and cultural occasions, she noted.

Area under Cultivation

At present, the area used for the cultivation of Tirur betel leaf in India covers 22 hectares. Around 60% of the total produced Tirur Vettila is transported (through rails) to Delhi, Mumbai, Itarsi, and Jaypore, from where it goes marketed to Pakistan, Afghanistan, and Bangladesh.

Apart from Tirur Vettila, several other products, including Kaipad rice, Wayanad Jeerakasala rice, Pokkali rice, Wayanad Gandhakasala rice, Marayur jaggery, Vazhakulam pineapple, Central Travancore jaggery, and Chengalikodan nendran have obtained the GI tag before this initiative of the IPR Cell of the KAU. Moreover, efforts to receive the GI tag for Kuttiattoor Mango are on.

The IPR Cell of Kerala Agricultural University (KAU) achieved the National IP Award, 2019 from the Government of India for its efforts in the facilitation of Geographical Indication Registration. For view source: https://www.kashishipr.com/blog/tirur-vettila-from-kerala-obtains-gi-tag/

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Turkish Government Aims for its Trademark in Health Care Tourism

Fahrettin Koca Heath Minister of Turkey has recently announced that the Turkish government now looks for creating its trademark in health care tourism and the process has already commenced.

In recent years, Turkey has not just attained significant momentum in health care tourism but has also become a progressive center of attraction with the enhanced services featuring state-of-the-art technology, competent experts, and affordable prices.

Koca told Anadolu Agency’s (AA) Finance Desk that they are planning to make an influential launch in the coming one or two months. He also uncovered that within the extent of health tourism, around 500,000 patients visited their nation in 2018, and the figure is expected to exceed in 2019. According to the minister, Turkey will target a larger share of global health tourism in the future.

Koca added that they would have health attaches in countries, which they have set as targets in the upcoming phase. In this context, they desire to establish advanced diagnostic centers in these targeted regions. In other words, they will do what no other country owning a share in health tourism has done.

Koca revealed that their government wants to establish diagnosis centers that will follow-up and check-up patients (treated in Turkey) after they go back to their countries. Therefore, they are planning for a foundation that will work with the enthusiasm of the private sector and is public property with the label International Health Services Inc. (USHAS). USHAŞ, which was established to promote the services Turkey delivers in health tourism abroad, had started its operations in February 2019.

The minister also said that the Turkish government is preparing to proffer follow-up treatment and diagnosis through medical centers in Russia, Ukraine, and Azerbaijan in Asia, and Bahrain, Iraq, and Qatar in the Middle East.

A report by the Turkish Statistical Institute showed that last year, over 551,748 tourists, which is an upsurge of 27.3% in comparison to the previous year, arrived in Turkey for health-related services. Koca said, Turkey’s revenue from health tourism has reached $1.5 billion, but they aim to make it five times by 2030. That’s why they are focusing on almost everything, whether it pertains to Register a Trademark or anything else. When it comes to health, tourists choose Turkey because of several reasons, including reasonable price, quality, short waiting periods, technical conditions, and high-end facilities. The medical services because of which Turkey attained a leading place in the health sector include dental care, organ transplants, plastic surgery, and the treatment of cardiovascular diseases. For view source: https://www.kashishipr.com/blog/turkish-government-aims-for-its-trademark-in-health-care-tourism/

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How to File a Utility Patent in the United States?

A utility patent is one of the most preferred forms of Intellectual Property (IP) that prohibits unauthorized companies or individuals from making, using, selling, or importing the inventor’s invention without his permission. As utility patents give inventors the right to produce and utilize a wide range of new and improved products, these appear more valuable than other patents. That’s why when it comes to patenting any invention; most inventors consider filing a utility patent application.

What types of inventions can obtain utility patents?

Utility patents issued by the USPTO (United States Patent and Trademark Office) apply to a wide range of inventions, including:

• Machines, like engines, computers, etc., that are composed of moving parts
• Articles of manufacture, including no or few moving parts, like a screwdriver
• Processes, like business processes
• Compositions of matter, such as pharmaceuticals

What steps should you follow to file a Utility Patent?

The step-wise process to get a utility patent protection varies from nation to nation as it is territorial-bound, and the below steps will let you know how to file a utility patent according to the USPTO.

1. Comprehend the patent purpose

The prime purpose of a utility patent is to enable the inventors to prevent the unauthorized use of their inventions. It is an exclusive IPR under which the patentee can enjoy the protective use, selling, and importing of his invention for a specific period. Like other kinds of IPRs, the validity of these patents is also country-specific. For instance, the utility patent in the US is valid for 20 years from the date of application.

2. Maintain invention record

Maintaining the record is crucial while filing a utility patent application. Subject-matter that your invention record should include is as follows:

• Important dates
• Relevant descriptions and diagrams
• The reason why you created that idea or invention
• Signature of two witnesses supporting the invention

3. Make sure that the invention meets the patentability criteria

For receiving a utility patent, you need to ensure that your invention meets the standard criteria of patentability. In this regard, you have to consider the below points:

• You can’t get the patent protection for an idea from an invention
• Your invention’s efficiency and work matter a lot
• The creation should be non-obvious and useful
• The uniqueness is must, i.e., the subject-matter for which you are seeking the patent should not be similar to any of the already existing ones.

4. Commercialize potential

Obtaining a utility patent is quite expensive, and thus, rejection of your application will lead to enormous monetary losses. Hence, it is crucial to ensure that the invention is worth patenting, which you can easily do by having a clear understanding of the target market. Besides, it is beneficial to invent the product that can help you in making money by licensing or assigning it to any third-party.

5. Carry out the patent search

A patent search can aid you to determine whether or not your invention is unique, and thus, prevent losses due to rejection of your Patent Application. That’s why it is essential to a conduct patent search to fetch all the required data from not just the U.S. Patent Office but also several other journals.

6. Have information about the required documents

To enjoy the benefits of utility patent protection, you have to provide the following documents:

Ø Form 1: Utility Patent Application including information about the invention

Ø Form 2: Provisional or comprehensive specification

Ø Form 3: Undertakings under section 8

Ø Form 4: Declaration as to inventorship

Ø Form 26: Power of attorney in case of filing the application through a patent agent.

When to file for a utility patent?

You should file the patent application as soon as possible after finishing your invention. It is because of the Patent Law, which states that the first person (regardless of whether he is the actual inventor or not) who applies for the patent will always be considered as the inventor. The timely filing of the application can serve you with several advantages, like secure usage of your invention under a label Patent-pending, which will prohibit the Patent Infringement issues. It will also enable you to be benefitted with an option of making money by seeking and availing royalty payments from companies or people who used your invention when it was pending to get patented. For view source:  https://www.kashishipr.com/blog/how-to-file-a-utility-patent-in-the-united-states/

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Walmart Files Patent Application Targeting Cryptocurrency

With the filing of a new Patent Application emphasizing Walmart currency, retailer Walmart becomes the latest entity to step into the world of cryptocurrencies. It looks like the retail giant is also considering a high-profile invasion into the arena of stablecoins with a fiat-pledged cryptocurrency.

According to the filing published by the U.S. Patent and Trademark Office on 1st August 2019, Walmart applied to patent a way for using digital coins tied to the traditional fiat currency, which could allow cheaper and faster transactions as well as reliability.

In the patent application filed, Walmart Apollo describes that the currency which will get built on the system based on the blockchain could provide a fee-minimal or fee-free place to store wealth. This wealth could easily be converted to cash or spent at retailers.

Walmart added that in some cases, the digital currency could also remove the need for debit or credit cards with a person himself being a credit card to his digital value bank. It further claimed that the invention could provide an open-platform value exchange for purchases and crowdsourcing work.

Besides, the retailer proposed that the invention could store the customers’ purchasing history, thus providing savings on frequent purchases.

The filing also said that the digital currency could be a profitable alternative, which enables low-income households to handle wealth at institutions that can supply most of their day-to-day needed products.

Customer Restrictions

Walmart is already using blockchain technology for tracking products through its supply chain. For instance – last year, the firm partnered with IBM to track food worldwide through its supply chain and improve food safety.

Undoubtedly, the retailer is continuously moving ahead with blockchain technology. But Kory Lundberg, a spokesman for Walmart in an email wrote that they don’t have any plans for this patent. It shows that even if approved, Walmart appears far from launching a coin similar to Libra.

Libra is a new global currency, which is powered by blockchain technology and proposed by the social media giant, Facebook.

Facebook has also set its sights on cryptocurrencies. For instance – in June 2019, the company announced that its Calibra would soon introduce a digital wallet for Libra. Nevertheless, Facebook, in its second-quarter earnings release, told the investors that some specific aspects could prevent the release of Libra, expected to launch next year. For view source:  https://www.kashishipr.com/blog/walmart-files-patent-application-targeting-cryptocurrency/

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