Author: Gopikrishnan Mukundan

Airpod Design Patent

Utility Patents vs Design Patents (Industrial Designs)

            While the definition of Patent merely covers utility patent according to the Indian Patent Act, 1970, the same isn’t true in many other jurisdictions. For example, in the United States, there are three types of patents, namely utility patent, design patent, and plant patent. In India, design patents are called “Industrial Designs” and are defined under the Industrial Designs Act, 2000 (hereinafter referred to as the ‘Act’). India does not have the concept of plant patents and hence we will not be discussing plant patents in this article. Utility Patents             Utility patents, as their name suggests, protect the utility/functionality surrounding an invention. Utility patents may be granted to products or processes depending upon the subject matter of the invention. To know more about utility patents read “What is a Patent?” written by Adv. Sutapa Jana, Consulting Counsel, Acura IP. To keep things simple, at least in India, whenever…

Read More
Get Your Ideas Patented Acura IP

Types of Patent Applications

           Now that you’ve decided to go for patent protection, it is time to choose the type of patent application that you’ll be filing. It is pertinent to understand that a patent protects the utility or functionality of a product. If the novelty of the product relates to its ornamental design, you should go for an Industrial Design (also known as a design patent in the US and other jurisdictions) instead. For the purpose of clarity, let’s use the universal term utility patent to identify patent applications defined under The Indian Patent Act, 1970. This article will help you understand different types of patent applications that may be filed under The Indian Patent Act, 1970. If you are unsure whether to go for a utility patent or an industrial design, read this article written by Mr. Harish Naidu, founding partner of Acura IP Services. To know what is a patent…

Read More
madras high court

Madras High Court Condones Delay in Responding to FER

The Hon'ble Madras High Court holds that the bar on the Controller of Patents to extend the time prescribed for replying to the First Examination Report under Rule 138 of the Patent Rules, 2003 read with sub-rule (5) of Rule 24B, beyond a period of six months, could be relaxed by the Court exercising its jurisdiction under Article 226 of the Constitution of India, if convinced that the situation warrants such condonation. PNB Vesper Life Science Pvt Ltd vs The Controller General of Patents (Madras High Court on 14th March, 2022) The Petitioner is a Research-based Bio-Pharmaceutical Organization, incorporated under the Companies Act, 1956 in the year 2011, involved in the business of developing drugs for the treatment of serious diseases. A patent Application titled ‘Novel Cholecystokini, Receptor Ligands’ was filed by the petitioner before the Patent Office at Chennai. The Patent relates to a drug used in the treatment…

Read More
patent-filing-procedure-in-india

Patent Filing Procedure in India

Once you’ve decided to go for patent registration, the next step is to prepare the patent specification. Patent applications can be filed in India by a registered patent attorney. A Patent Attorney who is well versed with the patent filing procedure in India will help you prepare a written specification, drawings, and the necessary forms for filing your patent application in the Indian Patent Office. The attorney will help you prepare the application according to the provisions laid down in The Indian Patent Act, 1970 and The Patent Rules, 2003. Make sure that you share every piece of information related to your invention with your Patent Attorney since it is pertinent to include details regarding the working of your invention in the patent application. Types of Patent Applications The documents required for patent registration may vary depending on the type of patent application you are applying for. The application could be…

Read More
think outside of the box

Did not protect my IPR. What now?

Starting a product-based company without protecting the underlying Intellectual Property is as good as building a house in a public place. Time and again, I've had startups and researchers asking me "what now?" once a competitor replicates their product and markets it better. It is a cakewalk for established businesses to replicate your product and use their marketing experience to pose an existential threat to your business. Think about it. A resourceful businessman finds amazing IP-Free product ideas from "Amazon Launchpad", why would he not replicate them? Let alone small businesses, no company/product is copy-proof in this world. Samsung infamously copied Apple's iPhone design [1]. The Oreo cookie that we know today isn't an original recipe either [2]. The list goes on, apparently, some of the rip-offs are better than their originals [3]. While it is practically impossible to stop everyone around the globe from copying your ideas, it can certainly be curtailed to…

Read More
1 2

Recent Discussions

Case in Point: Sun Pharma Ltd vs. DWD Pharma Ltd
November 29, 2022

Case in Point is a new series where we discuss case laws and explain certain basic concepts which may be useful to all…

Recent Discussions

What are Patent Claims and Why Should You Get It Right?
July 27, 2022

A patent claim sets the boundaries for an invention by highlighting what the invention covers and does not cover. In simple terms, the…