Understanding the Different Types of Patents under the Patent Law of the US

A patent protects the discoveries and inventions, which are novel, non-obvious, and useful. There are three types of patents under the Patent Law of the United States, namely, utility patents, design patents, and plant patents. Each patent type protects a specific type of discovery or invention and has different eligibility requirements; however, it is also possible for one discovery or invention to potentially have more than one type of Patent Protection available for it. Now, let us understand this situation with an example – suppose a person invents an object, and he or she is willing to patent both the design and the functional features of that object. In this scenario, the inventor would require applying for two separate patents, both a design and utility patent.

It’s time to make ourselves familiar with the three different types of patents available under the patent law of the US and also understand how you can obtain patent protection for your discovery or invention.

1.     Utility Patents

A utility patent is undoubtedly the most common type of patent that the inventors seek. This type of patent revolves around compositions of matter, processes, manufactures, and machines that are useful, novel, and non-obvious. Inventors and innovators can also obtain a utility patent for useful and new improvements to the already existing compositions of matter, processes, manufactures, and machines. Compositions of matter refer to the chemical compositions that include a mixture of ingredients or new chemical compounds. Processes can be any acts or different methods of doing something, and they usually involve technical or industrial processes. Manufactures refer to the products or goods that are made or manufactured. Machines include all the things are typically defined as a machine across the globe.

2.     Design Patents

A design in legal terms refers to the surface ornamentation of an object, which can include the configuration or shape of an object. For obtaining design patent protection, the inventors or innovators need to ensure that the design is inseparable from the object. Although the design and the object need to be inseparable, a design patent only protects the appearance of the object. If a person is willing to protect the structural or functional features of an object, he or she must file a Patent Application for a utility patent as well.

3.     Plant Patents

The inventors and innovators can obtain patent protection for their new and distinctive plants. For obtaining this type of patent protection, there are a few requirements, which are as follows:

·         The plant can’t be a tuber propagated plant, i.e., an Irish potato

·         The plant can be asexually produced

·         The plant can’t be found in an uncultivated state

In asexual reproduction, the plant is reproduced by cutting or grafting the plant, instead of being reproduced with a seed. The reason why plant patents require asexual reproduction is that the same works as proof that a patent applicant is capable of reproducing the plant.

How can you Obtain Patent Protection in the US?

In the US, patent protection can be obtained by filing a patent application with the US Patent and Trademark Office (USPTO), irrespective of the type of patent that you are seeking. There are both the options of provisional and non-provisional patent applications available for the patent owners.

A patent applicant can file a provisional patent application if he or she needs more time to determine the specifics of his or her invention while protecting it from being patented by another person. The patent applicant who files a provisional patent application has a span of one year from the date of filing the patent application to file the corresponding non-provisional patent application.

The non-provisional patent application begins the official examination phase for the USPTO to decide whether a discovery or invention is eligible to obtain patent protection or not. Although the information included in a patent application depends on the type of invention; in general, every non-provisional patent application must include a claim and description of the discovery or invention, an oath or declaration, drawings, and the required fee. An inventor or innovator can also file an international patent application as per the Patent Cooperation Treaty (PCT). For view source: https://www.kashishipr.com/blog/understanding-the-different-types-of-patents-under-the-patent-law-of-the-us/

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Biocept Inc Receives Patent for its Primer-Switch Technology in Australia

Biocept Inc., (a San Diego-based commercial-stage cancer diagnostics company providing liquid biopsy tests for doctors and their patients with cancer) has quite recently won a new patent in Australia. The granted patent provides Intellectual Property (IP) Protection to Biocept's Primer-Switch technology that is efficient and useful in performing ctDNA (circulating tumor DNA) analysis with the help of real-time PCR and associated analysis methods, such as next-generation sequencing (NGS).

The chief scientific officer at Biocept, Lyle Arnold, stated that the grant of the new patent expands the company's robust IP protection for rare mutation detection. He further said that the Primer-Switch is a method capable of detecting the rare genetic events, and is an addition to Biocept's Switch-Blocker technology, which is used in a routine with the company's ctDNA Target Selector assays.

Arnold mentioned that it is indeed the first patent issued for Biocept's Primer-Switch technology, which the company believes would end up achieving worldwide Patent Protection. He also added that the granted patent is now another tool in Biocept's toolkit of methods, which shall inform on biomarkers to help physician decision-making in the treatment of cancer patients. Moreover, the company explained that the Australian patent describes another exclusive method for particularly enriching patient specimens for oncogene mutations of interest.

The Primer-Switch technology is proactively used as a critical part of PCR reactions, which are integral to the most commonly-used method of amplification in diagnostic assays. The Primer-Switch methodology holds immense potential for finding diverse use in PCR reactions, specifically, in scenarios where there is a need to detect rare genetic events or have way more precise PCR amplification.

Michael Nall, the CEO at Biocept Inc, stated that the expansion of Biocept's IP would continue to be the global validation of its technology, which, in turn, would position the company as a provider of cutting-edge approaches to detect rare genetic events with the help of blood and other fluids. He also said that Biocept would keep coming up with innovative technologies and products like Primer-Switch to stay ahead of the curve in liquid biopsy technology. For more visit: https://www.kashishipr.com/ 

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Google Gets Patent In India for Technology on AR-based Virtual Graffiti

Google has recently obtained a patent in India for its technology to create virtual graffiti in a mobile virtual and augmented reality (AR) system, something that would help users leave a message for them or their friends at a location in the future.

The American Multinational Technology Company, specializing in Internet-related services and products, said in its Patent Application that the virtual graffiti would aid the user to leave a message for the second user at a specific location. The company provided an example that if a person wishes to give a message suggesting his or her known ones to try a particular dish at a restaurant, then the message can be virtually written on the door of the restaurant, and left for the second user to view. When the second user visits the restaurant, he/ she will get an indication that the place is available with virtual graffiti. Ultimately, the message left on the door of the restaurant will appear to him/her when viewed with the AR system.

It further claimed that if a user with an enabled device wants to send a virtual graffiti to other users as a part of the AR scene, he or she needs to create the graffiti, associate it with a location, and provide a list of users who are allowed to view it. The device will transmit the provided information to the server, which is scheduled to periodically monitor the location of the devices of users on the list. When any device comes near the location, it will notify the user through an alert. However, virtual graffiti will be available only to those who are allowed to view it, by the individual who created the virtual graffiti.

the application for Patent Registration for a ‘Method and Apparatus to create graffiti in mobile virtual and augmented reality system’ was originally filed in June 2011 by Motorola Mobility Inc. It later changed to Google Technology Holding LLC through an application in 2016. According to reports, Google acquired Motorola in 2012 and later sold it to Lenovo in 2014.

With this patent grant, it seems that Google is nurturing its AR field. Reports showed that the company has been nourishing its AR research through the AR platform by making tools available to AR developers for creating AR experiences. Besides, Google Creative Lab possesses a few AR-based apps like Just a Line – Draw Anywhere with AR, an AR system that allows users to make drawings in AR and share them with a short video.For more visit: https://www.kashishipr.com/ 

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How Are Colleges Working to Protect Copyright, Patent on Student Creations?

As innovation due to the rapidly advancing technology increasingly becomes core to the college education, campuses are stepping ahead to protect the Intellectual Property Rights (IPRs) of their students.

Intended to help students identify their Intellectual Property (IP) while respecting others’ IP, they are setting up dedicated IPR cells to streamline paperwork, offer legal counseling, etc. With these efforts by campuses, the students can now apply for and obtain copyrights and patents for almost everything. No matter whether it is a product, an image, or a simple text, a student can secure the same. The only condition is that the project and product should be new and unique.

The copyright or patent is owned by both the student and the institute. Here, the college plays the role of an applicant, and the student is the inventor. So, the inventorship credit goes to the student.

IPR cells aid students to promote their work. And, it further helps the students in the commercialization of their products, ideas, etc., by attracting potential buyers.

Plugging the Gaps

It is due to the lack of separate Intellectual Property Law (IP Law) for universities that the campuses are working on their own policies. Indeed, the colleges are doing so while keeping in mind the objectives and privileges of the National IPR Policy adopted by the Indian government in 2016. According to the IPR Law in India, one of the prerequisites for filing the copyright or patent application is that the work must be:

·         New,

·         Non-obvious, and

·         With tangible utilities or outcomes.

As India follows the first-to-file rule, it is always in the best interest of the applicant to e-register and then proceed further only if a prototype is ready. Moreover, he/she should ensure that the novelty isn’t lost even by prior publication in a journal. The kind of IPR is selected based on the type of work. For instance, if it is a new process or material product, then it comes under Patent Protection. Nevertheless, if it is aesthetic and design-based innovation, film, or video, then fall under the Indian Copyright Act of 1957.

Time and Money

Although some patents get registered within a month of filing application, many others take around four months or even more. Most of the time, it is due to the queries amid the students, faculty member, and Patent Attorney and Officer. Whatever is the reason, these things show that ‘obtaining patent protection’ is not an easy task. Note that the final granting of patents can take years even.

From all these statistics, we can conclude that though patenting is a long-drawn-out process, yet going for this is beneficial in many ways. By obtaining Patent Protection in India or anywhere, the inventors can gain the confidence to conduct more researches and come up with more inventions. They can become more industry-ready.

Considering these advantages of patenting, universities are involved in practices to help students with this process. The campuses are supporting the inventors in the entire process, from filing to responding to patent administrators if needed. They appear supportive from the perspective of expenses also. The cost of Applying for a Patent, in general, ranges from Rs 4,000 to Rs 9,000.

Universities also support students by paying renewal fees for half the 20-year life of a patent. Nonetheless, they also share royalties on ideas, inventions, and products produced by students in college using university facilities. Terms of sharing vary based on universities.

Many times, students wish to leave the campus and move out of the nation. In such cases, the college takes care of the rest of the Patent Registration Process in India with the help of an authority letter from the student.

Well, this is one of the best moves that campuses in India took to motivate students to utilize their intellect as more as they could. It is a good way to shape present students into great creators and inventors who will make the nation proud in the future. In a single line – this effort by the colleges will for sure be beneficial for not just the students but campuses and the nation as well. For more visit: https://www.kashishipr.com/ 

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Delhi HC: Applicants Own Right to Know Reason for Trademark Application Rejection

The Delhi High Court (HC) recently has held that the trademark registrar is duty-bound to provide the applicant with the replica of an order passed under Section 18(5) of the Trademarks Act, 1999 comprising the ground for refusal/conditional acceptance in addition to the materials he used to reach the decision.

The Court has stated that Rule 36 of the Trademarks Rules, 2017 is unreasonable, arbitrary, and inconsistent with the Act insofar because it empowers the Registry to express the decision without including the grounds for refusal/conditional acceptance.

The ruling was passed by a Single-judge Bench of Justice JR Midha following a petition favored by the Intellectual Property Attorneys Association. The association had moved to the Court after being wronged by non-speaking orders passed by the registrar of trademarks while refusing applications for Trademark Registration.

It was asserted that such refusals were violating Section 18(5) of the Trademarks Act. Besides, it was argued that the terms mandated the registrar to maintain written records of the grounds for refusal or conditional acceptance along with the materials he used to arrive at his decision.

On the other side, Rule 36 of Trademarks Rules, 2017, states that the registrar shall provide the decision in writing to the applicant. Moreover, if the applicant wants to file an appeal for getting the grounds behind the decision, he might do so within 30 days in Form TM-M.

Hence, the association concluded and argued that as far as the supply of reasons behind the refusal was concerned, Rule 36 was in contravention of Section 18(5).

To finish after hearing the parties, the Court approved the petition made by the Intellectual Property Attorneys Association. It held that the trademarks registrar/administrator was duty-bound to provide the applicants (who file Trademark Applications) with the copy of the order passed under Section 18(5) to make them familiar with the reasons for refusal or conditional acceptance and the materials he deployed to come up with that decision.

The Court further clearly held that Rule 36 was arbitrary, unreasonable, and inconsistent with the Act. It agreed with the association and ordered that the petition is approved. It added that the registrar of the trademarks is directed to stringently implement Section 18(5) of the Trademarks Act by maintaining written records of grounds for refusal/conditional acceptance and also sending the same to the applicant within fourteen days of the passing of the order. ✅ For view-source: https://bit.ly/2ClGvLV

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Blockchain: An Advanced Way to Protect, Manage, and Monetize Your IP

Are you facing issues in protecting, managing, or monetizing your Intellectual Property (IP)? Don’t worry, as you can now implement blockchain technology, which works as an advanced tool to help you protect, manage, and monetize your IP.

Intellectual property, which refers to outcomes of the human mind, includes many different things. From inventions to artistic works and unique products, almost every uncommon and useful thing can rest under its umbrella. Whether you create a symbol, write a book, design a game, or come up with any other intangible media, you (as an author) can access and enjoy Intellectual Property Rights (IPRs) over the same. Nevertheless, the present system appears a bit weak to bring this phenomenon in practice. You are possibly aware of how easy it is for others to steal your content nowadays when the internet facilitates your data to flow freely across the globe.

Blockchain technology provides an incorruptible digital ledger that aids you in tracking assets and recording transactions in a business network. Assets can be tangible such as cash, cars, and houses or intangible like IP. Working as a tool to store and manage assets on a decentralized ledger and track transactions associated with digital content, including anything – music to pieces of art, etc., blockchain ensures reliability, accountability, and transparency. In this way, it allows an immediate revenue stream for creators by enabling a direct relationship between them and consumers.

IP Protection with Blockchain

As a creator of content, image, or anything else, you can understand how frustrating it is to put in efforts and time on something that people can access freely without your consent and any compensation. Moreover, you also comprehend the importance of retaining ownership rights as it is the easiest method to avoid such frustrating acts. Nevertheless, with the current model of the IP industry where getting your asset registered is a time taking process and the internet that has made copying content quite easy, doing so appears a bit hard. Worst, proving infringement of your content in court without proof of ownership becomes difficult. Here, blockchain digital ledgers that emphasize working with time-stamped and unalterable records come up as the perfect place to store evidence of your ownership rights. They provide a solution for authenticating and proving the time of creation and the identity of the original creator, thus eliminating all sorts of doubts and making it easier for creators to enforce their rights when Copyright Infringement of their content occurs.

IP Management with Blockchain

In the present era, once creators upload their work online, it becomes arduous for them to maintain control of the same. Moreover, not only the creators find it problematic to know who is using or making profits from their content, but even third-parties who wish to seek a license to use someone’s IP face difficulty in determining the relevant owner. All these facts result in increasing infringement issues and preventing authors from properly monetizing their works. The blockchain technology, which maintains a fair digital record enough to prove the creator’s authenticity, can prevent the occurrence of such issues. Besides, by maintaining transparency, it helps third parties to identify the original owner and get his/her permission to use the content. And this, ultimately, benefits the creators with the option to obtain expected compensation in exchange for licensing their IP.

IP Monetization with Blockchain

Blockchain technology-based smart contracts play an active role in helping creators monetize their IP. These contracts empower creators to not only dictate the fee and terms of their licensing agreements and ensure that the licensee is using it as expected but also license content directly to end-users. They can also serve you with benefits like automatic payment triggering whenever people access your content, appropriate scaling of compensations, etc. Blockchain, in this manner, aids you to save your money and monetize IP effectively as with smart contracts, you needn’t have middlemen.

Conclusion

Almost every one of us knows that blockchain technology, if used correctly, can help creators in improving efficiency, cutting expenses, and increasing revenue by creating new products. Still, many individuals and enterprises often ignore stepping ahead with it. Well, whether to use blockchain for protection, management, and monetization of your IP or not is your choice. Nonetheless, if you want to experience noteworthy protection of your IP and suitable compensation for your creative works, it is advisable to go for this advanced technology. ✅   For view-source: https://bit.ly/32nrwvG

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