Origiin Newsletter Aug 2012

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A monthly Newsletter on issues relating to Intellectual PropertyRights

AUG 2012 VOL. 2 ISSUE 15

Labeling product as Patent

PendingBindu Sharma ([email protected])

From the date of filing of patent application to the

grant is a long procedure and often disappoints the

inventor for the reason that grant of patent is going

to take long time and securing patent of his interest

becomes a great worry till then. However, when a

patent application is filed (provisional or complete

specification), patent office issues a receipt on

which date of filing or priority date is stated. It is

worth noting that from that date, the product for

which patent has been applied for or product made

by a process for which patent has been applied for

can be marked as patent pending or "patentapplied for" as a warning or a notice, meaning that

patent has been applied for but not yet granted.

The marking as an express notice serves to notify

potential infringers, that they may be liable for

damages, seizure, and injunction once a patent is

issued. The patent law gives applicant all rights and

privileges of a patent holder except that law suit

cannot be initiated till patent is granted.

Prime advantages of marking products as patent

pending are that it not only helps to avoid

innocent infringement but also encourages

Marking yourproduct as Patent

pending

Did you know?

Patent news

Origiin LaunchesIPBytes!

Inside this Newsletter

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patentees to give notice to the public that the article ispatented and also aids the public to identify that the article

is patented. Indian patent law (Section 111, Indian Patent Act

of 1970) limits the award of damages in patent infringement

cases when an infringer or the defendant is able to prove

that he was unaware of the patent-in-suit. However, the

Patent Act effectively reverses this allocation of the burden

of proof in cases where an article is marked with the word

patent and a patent number. In a suit for infringement of

a patent, damages or an account of profits shall not be

granted against the defendant who proves that at the date

of the infringement he was not aware and had no

reasonable grounds for believing that the patent existed.

Therefore, marking the products as Patent pending serves

an important public notice that patent has been applied for

and leaves little space for innocent infringement.

Patent pending marking is not restricted to the patent

application but also for granted patents in which case the

products need to be marked as patented. However, a

person shall not be deemed to have been aware or to have

had reasonable grounds for believing that a patent exists by

reason only of the application to an article of the word

patent, patented or any word or words expressing or

implying that a patent has been obtained for the article,

unless the number of the patent accompanies the word or

words in question. That means that mention of patent

number is also important to be mentioned if the product in

question is patented. For example, in Australia, the

preferred marking is "Aust. Pat. App. No. yyyynnnnnn"where "yyyy" is the four-digit year of the application and

"nnnnnn" is the six-digit number allocated by the Australian

Patent Office.

Interesting Fact!The Rubik's Cube was invented by Erno

Rubik in 1974 when the first workingprototype came into being and a patentapplication was initially drafted. Rubik'sinvention was born out of his passionateinterest in geometry, the study of 3Dforms, and in exploring the hiddenpossibilities ofcombination of forms andmaterials.

Websiteswww.origiin.comwww.origiinipa.com

Bloghttp://origiinipae.blogspot.com

http://inventorshub.blogspot.com

EditorsBindu SharmaSanthoshi Basuthkar


Contact us

Origiin IP Solutions LLP

#51, MSHS, 15th Main,

Sector 4, HSR layout

Bangalore

+9198456 93459

+9198802 13204

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According to Section 120 of Indian Patents Act,

1970, use of marking, such as Patent pending or

patent applied for, where no patent has been

actually applied for is an offense and if any person

falsely represents that any article sold by him is

patented in India or is the subject of an application

for a patent in India, he shall be punishable with fine

which may extend to one lakh rupees. The use of

words patent, patented, patent applied for,

patent pending or other words expressing or

implying that an article is patented or that a patent

has been applied for shall be deemed to refer to a

patent in force in India, or to a pending application

for a patent in India, unless there is an

accompanying indication that the patent has been

obtained or applied for in any country outside

India".

Even though marking products for which patent has

been applied for, care should be taken while using

the word "Patented as it should be used only after

grant of the patent. Hence, before grant is

accorded, it is advisable to mark products as

"Patent Pending" or Patent applied for, to

indicate that patent application has been filed but

patent is not granted yet.

Did you know?

The game Rock Paper Scissors is patented!

United States Patent No: US6843477

Inventor: Robert E. Simmons Jr

Date of Patent: Jan 18, 2005

Abstract: A deck of rock, paper, scissors playing cards

and methods of play therewith are disclosed. The deck

has fifty-two cards including four wild cards identified as

sister cards and little brother cards and forty-right cards

including fourteen paper cards, fourteen rock cards,

fourteen scissor cards, two crumpled paper cards, two

broken rock cards and two broken scissor cards. Each of

the cards has a point value. The associated method

includes playing the cards against each other wherein

the hierarchy bases on the pictorial. The hierarchy

determines the winner of each game. The cards having

point values for determines the points awarded for each

card.


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A fact is a simple statement that everyone

believes. It is innocent, unless found guilty.

A hypothesis is a novel suggestion that no one

wants to believe. It is guilty,until found effective.

-Edward Teller


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Patent News


Apple is in trouble again: This time for Talking!

Rox and Rolex: Whats the confusion?

Taiwan's National Cheng Kung University alleged in the lawsuit, filed in a U.S. district court that

Apple's Siri feature infringes on two of the school's U.S. patents filed in 2002 and 2005 that dealswith speech recognition technology. The university is demanding Apple pay a still undetermined

amount in damages, and that the court order an injunction on Apple's use of Siri as a feature on its

iPhones and iPads. The university is also considering filing further legal action against other foreign

companies that have infringed its patents. It is also filing a lawsuit as a company in China has also

targeted Apple's Siri for patent infringement with its own lawsuit in the country. Shanghai Zhi Zhen

Internet Technology, is the developer of software called "Xiao i Robot" that communicates through

voice, and can answer users' questions. In 2006, the company was granted a patent in China covering

the technology.

Rox, a jewelry and watch maker initially filed its application to trademark its distinctive Rox name in the UK back in

September 2004. The Application was intended to use the trademark on "jewelry, watches, clocks and horological

instruments, key rings and parts and fittings for the aforesaid goods". At the time of filing, there were no objections by

Rolex toward the use of the name "Rox". Later, Rox attempted to register a modified and updated version of its existing

logo in 2010. The modified logo was intended for use with "horological and chronometric instruments, watches, clocks,

parts and fittings thereof". Rox also attempted to register the trademark in relation to retail services in connection with

the horological and chronometric watches and clocks. Rolex, the Swiss watch maker, objected to the second registration.

Rolex claimed that consumers were likely to be confused because the trademarks of the two companies were too similar.

However the UK Trademark Office decided in favor of Rox. After reviewing the case in its entirety, the Examiner

determined that there was no likelihood of consumer confusion because the trademarks were not at all similar. After its

recent win, Rox is looking forward to opening its first store in Edinburgh, where it plans to display a new line of silver

jewelry and other luxury goods!

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Origiin IP Solutions LLP, Bangalore launches Indias first IP sensitization

program IP Bytes! It is specially designed for software/IT industry, in order to help

them understand critical IP issues such as securing and handling confidential

information data securit know-how and trade-secrets of the com an .

Our Speakers

How to register?

To register please send the following details [email protected]

OR Call us on9880213204 or 9845693459

Expert Speaks!

IPR as a topic is not given its due importance and is assessed only in terms of number of patent

applications filed. Data security and Confidentiality are one of the prime concerns in outsourcing

model. Every industry today is facing a tough challenge to protect confidential information, know-

how and trade secret

- Sabapathy, COO, Cymfony

"Sensitization for IP would fetch more confidence from the clients, ensure disclosure of ideas from

employees, make them understand their liabilities and create a conducive environment for

innovation."-Dr S Rama Murthy, Professor & Head, Knowledge Management, Centre for Emerging

Technologies, Jain University, Bangalore and Scientific adviser Indian Patent Office

Who shall attend?

Technical team, Delivery managers, Account managers responsible for customer delivery, COEpersonnel responsible for propriety IP, legal team, tools group and risk officers.


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Origiin Newsletter Aug 2012