Patent Disputes in IT Industry

About IT

Information technology (also referred to as IT) is the application of computers and telecommunications equipment to store, retrieve, transmit and manipulate data, often in the context of a business or other enterprise.

The term is commonly used as a synonym for computers and computer networks, but it also encompasses other information distribution technologies such as television and telephones.

Several industries are associated with information technology, such as computer hardware, software, electronics, semiconductors, internet, telecom equipment, e-commerce and computer services.

Patent

A patent is a form of intellectual property.

It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.

An invention is a solution to a specific technological problem, and may be a product or a process.

Patent

Patent enables its owners to exclude from making, using and selling its inventions.

The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year.

Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable.

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.

Typically, however, a patent application must include one or more claims that define the invention. These claims must meet relevant patentability requirements, such as novelty and non-obviousness.

The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.

Documents required for filling a patent application

1. Application Form (form 1),

2. Specification (Provisional/Complete) [Form 2],

3. Drawings (if any),

4. Undertaking under section 8 (form 3), and

5. Power of Authority (if the patent application is filed through a patent

attorney)

Patent Application Contain

Bibliographic: It is in structure format. It contains the title of the invention, date of filing, country of filing, inventor's name etc.

Background of the invention or State of the art: In this the inventor lists the state of the art available on the date of filing his invention. Here the inventor lists the shortcomings/drawbacks found in the state of the art and defines his problem.

Description of the invention: In this the inventor describes his invention duly supported by a series of workable examples along with diagrams/charts, if needed. The invention has to be described in complete details, so that any person, who is skilled in the art can work out the invention.

Claims: In the last, the inventor has to bring out a series of claims establishing his rights over the state of the art. It is this portion, upon which the protection is granted and not on the description of the invention. This has to be carefully drafted.

Patent Law Intro

Patent rights are granted by National Patent Offices, and so patent protection for an invention must be sought in each country individually.

The Indian law of patents is enshrined in the Patents Act, 1970. The Act seeks to provide for legal protection for inventions. The rights granted under the Act, are operative in the whole of India.

Objective of Patent Law

A statutory right to owner of the patent for a certain period of time to stop others from using, selling or working out his invention, and exploit it commercially

To disclose the invention and practice that invention and make it work thus encourage scientific research and new technology,

To stimulate new inventions of commercial utility and To pass invention into public domain after the expiry of the fixed period

of the monopoly.

GENERAL PROCEDURE FOR OBTAINING A PATENT

Filing of patent application

Publication after 18 months

Pre Grant Opposition /Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent

Decision By Controller

Patent Dispute

The manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.

The infringing party will be liable to the owner of the patent for all profits made from the use of the invention, as well as any harm which can be shown by the inventor, whether the infringement was intentional or not.

Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable.

Apple Vs. Samsung

Apple Inc. sued Samsung Electronics Co. in April 2011, saying the Korean electronics maker “made a deliberate decision to copy Apple’s iPhone and iPad in Galaxy S head and Galaxy tab 10.1…The intellectual property that Apple has asserted against Samsung goes to the heart of the extraordinary success of the iPhone and the iPad.”

Apple claimed that Samsung infringed four industrial design patents, covering the look and feel of the devices, and three utility patents, which cover how the gadgets work. It’s got a list of more than 20 Samsung devices that it says infringe on Apple’s patents, including the popular Samsung’s Galaxy S phones and Galaxy Tab tablets.

The jury found Samsung infringed Apple’s patents on iPhone's “bounce Back effect”, “on –screen navigation” and “tap to zoom” and design patents that covers iPhone's features such as the “home button, rounded corners and tapered edges”.

Court awarded Apple inc more than $ 1.05 billion in its patent infringement claim against Samsung.

Nokia Vs. RIM

A lawsuit against Research In Motion, accusing the BlackBerry maker of breaching a contract related to the use of its wireless local access network (WLAN) technologies.

Nokia signed a cross-licensing agreement with RIM, allowing RIM to use Nokia's standard-essential cellular patents in its BlackBerry handsets. However, RIM sought arbitration with the Stockholm Chamber of Commerce, arguing that the licensing agreement should expand to include Nokia's WLAN patents, as well. But, RIM was denied and Nokia is arguing that its WLAN technologies are still being used in RIM's BlackBerrys.

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