Backcountry Faces Customer Scrutiny over Trademark Lawsuits

Backcountry, the enormous online outdoor retailer supporting backcountry.com that has known as Utah home for the last 23 years, is suffering from a flood of criticism as word spreads about the online website moved to sue dozens of smaller outdoor brands and sellers for using the word “Backcountry” in their name or product description.

Backcountry, which first got the word trademarked in 2004, has filed some additional Trademark Applications emphasizing the usage of the term in the intervening years. And then, it has launched a legal invasion against around 50 different defendants listed in a publicly available document from the United States Patent and Trademark Office (USPTO).

So far the companies being sued over Trademark Infringement have ranged from an independent ski manufacturer – Snapperhead Inventions/Marquette Backcountry – for their Marquette Backcountry Ski, which is being sold under the term since 2010 to Backcountry Babes, an avalanche safety course instructor and jean manufacturer Backcountry Denim Co., known as BDCo. Although some companies like Backcountry Babes have already settled the matter with Backcountry.com, others such as Marquette Backcountry are gearing up for legal battle.

The lawsuit details that Backcountry requests exemplary and punitive damages in the form of amount enough to punish and deter defendants, along with setting an example for them as well as others. Now, after engaging in such a legal dispute, Backcountry is unlikely to end the chaos with a sympathetic public image. Complicating things is the fact “Backcountry” has been in common usage for nearly a decade before the firm’s founding, and many people feel it is unfair for a company to try or secure exclusive rights to the common word. As a result, the #boycottbackcountry has been spreading rapidly throughout the internet, especially social media, with almost every individual from potential consumers to professional athletes speaking against Backcountry.

A Utah-based trademark and Patent Attorney asked people to remain anonymous to evade any professional backlash. The attorney said that considering a few initial research and without being familiar with all the facts of the lawsuit, it looks like the company is trying to strengthen its trademark by not letting others use it. If firms don’t enforce their mark, there’s always a chance that it could later turn enforceable. Everybody should think of a trademark as a weapon instead of a shield. It further added that some specific rules should be made for generic terms, and these must not be secured under trademarks. Backcountry’s Trademark Registration in the year 2004 states that it was for mail-order services, computerized retail services, retail store services, but since then, it has expanded a lot.

John H.Kim was the individual who applied for the trademark on behalf of Backcountry in 2018. Backcountry hasn’t responded to several requests revolving around the issue. As considered now, the firm is forging ahead with multiple branded items that could have remarkable implications for other members going forward in the industry. Note that Backcountry has yet to comment publicly on the dispute. For more visit: https://www.trademarkmaldives.com

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Importance of Industrial Design in Wrist-based Wearable Industry

As far as the look is concerned, the wrist-based wearable or watches that proffer heart-rate monitoring aren’t much different from their analog or mechanical counterparts. Undoubtedly, most of these gadgets have similar watch faces, wrist bands, and even the equipment such as the PPG (photoplethysmography) sensor to make the operations like heart-rate measurement possible. These sensors, which rest as an essential component within the wrist-based wearable, often fail to detect the heart-rate appropriately. Nowadays, most of the designers or manufacturers of wearable gadgets suffer from losses due to this concern. If you are also one amongst them, relax as this article has brought a precise solution to this concern. Here, you will become aware of the challenges that these modern devices can face, along with the appropriate way with which you can get rid of the same. Building the wearable with an appropriate Industrial Design is one of the best ways to keep these challenges at bay. Read below to see how.

Challenges

Amongst a lot of challenges that the PPG sensor of wrist-based wearable can face, the most common one is that while activities like jogging, the sensor even senses the changes in the blood volume related to motion take place as the wearable press and deform the blood vessels under the skin. It makes the PPG sensor to create confusions by sensing and mixing up the ratings based on the changes in blood volume and the reflected light intensity. Another factor that compels the PPG sensor to generate ambiguities in heart-rate detection is LED scattering. In the cases of repetitive arm motion due to running or jogging, badly designed wearable creates an air gap amid the photodiode and users’ skin. This air gap leads to scattering, and repetitive scattering can result in degrading the cardiac-associated PPG element from the spectrum. It ultimately turns distinguishing the required cardiac signal into a difficult task.

Measures to Resolve Challenges and Enhance Accuracy of Heart-rate Monitoring in Wrist-based Wearable

Providing wrist-based wearable with the appropriate industrial design is one of the best ways to keep them away from several challenges or glitches. The proper industrial design of your wearable will let you achieve precise heart-rate monitoring outcomes. To understand it better, go through the below example where two spectrograms – one from a poorly designed watch and other from an optimized ID have been observed. The two spectrograms are the outcomes of synchronized accelerometer signals and PPG sensor signals recorded during treadmill running and slow walking. The PPG signal relies on both the motion-related pattern and heart-rate induced pattern, and therefore, the spectrogram of an appropriately designed wrist-based wearable will show a precise spectral density of the accelerometer and PPG sensor as per the optimal industrial design. In this case, the heart-rate frequency is clearly visible, regardless of whether the user is running or walking, and thus, is easily separable from motion frequency. Nevertheless, in the case of wearable designed without focusing on proper industrial design, the spectrogram showcases either faded or invisible heart-rate. Besides, these poorly designed watches, if wore tightly, can stress the blood beds under the user’s skin. It then decreases the blood perfusion and generates difficulty in isolating heart-rate frequency and motion frequency from each other. According to the statistics obtained through this example, designing wrist-based wearable by emphasizing industrial design is imperative. It requires working on several characteristics of ID, some of which are as follows:

1. Optical distance between the photodiode and the LED light source

The distance amid the LED light source and the photodiode is a vital factor that determines signal quality and light-source intensity (battery life). If the gap is short, the photodiode will not receive reflected light from the blood. Nonetheless, if it is large, then the reflected light will turn weak and lower down the signal-to-noise ratio (SNR). Moreover, increasing the LED current blindly may overfill photodiode’s output, which then fails to provide the information required for heart-rate detection. So there is a need to maintain an appropriate (neither too less nor too much) distance between LED light source and photodiode.

2. Component’s Weight Distribution within Case

Distribution of the components’ weight is a factor essential for reducing the rocking motion of the wearable. As users often prefer watches with scratch-resistant faces, manufacturers’ preference for scratch-resistant glasses is quite high, but the existence of heavy glass on the top covering all other components of the watch exacerbates the rocking motion. Hence, both the component designer and Industrial Designer should work together to evade this top-heavy weight distribution.

Final Thoughts

As per the above information, we can conclude that precise heart-rate monitoring from wrist-worn watches depends not wholly but widely on their industrial design. That’s why it is crucial to emphasize the challenges and approaches to remove them at the ID stage itself. Hopefully, the article has provided you with most of the information that you need in this field. However, if you are still looking for additional info, feel free to contact professionals who deal with rendering services related to Industrial Product Design. For more visit: https://www.trademarkmaldives.com

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Apple’s Patent for Wraparound Display Hints Possibility for New iPhone

Apple, an American multinational technology company, has revived its interest in an old patent that details a mysterious wraparound display. In March 2013, Apple had filed a Patent Application that features an ambiguous device having a glass body and a display looping around the body. Since then, the company has filed thirteen patent applications revolving around the design of this device. The recent patent that details some changes in the design of the device is a continuation of the previous ones.

As far as display and body are concerned, Apple has always had a glass display and a metal body. Undoubtedly, some plastic derivatives at the middle and lower-end were also used for the rear panel, and there have been smartphones’ models with the display on, but a complete wrap-around is something no one has seen so far. Although the concept of wraparound display technology has been available with Samsung and Xiaomi also, no commercial model with such design is accessible in the market.

The changes in the latest patent showcase virtual volume keys, rather than the traditional physical buttons. They also show that the device includes a top bezel that further consists of an earpiece and many other essential sensors in addition to a narrow bottom bezel. The device doesn’t hold the notch, which most of the recent iPhones do.

The wraparound display described in the patent application indicates that the expected device will be an all-glass affair having the display on both sides of the phone. It even suggests that this could be Apple’s answer to a foldable phone. That may appear a little far-fetched as a foldable smartphone when unfolded converts it into a tablet.

Nonetheless, it is noticeable that the sketches in the patent application detail the original 2013’s design so that the company can update it for a future release to keep up with the prevailing design trends. However, with Apple too, it is highly unlikely that the firm will unveil an iPhone with a wraparound display or the iPhone 12 (to be launched next fall) will have this updated design.

We should consider that this is just a patent, which may exist as it is for several years. It is also possible that Apple may never come up with this device as the company files multiple patent applications each month, and it’s a continuous process. Indeed, various concepts and designs for which it gets the patents don’t see the light of the day. For more visit: https://www.trademarkmaldives.com

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A brief about Geographical Indications and Designation of Origin

Having a wide range of applications in Intellectual Property (IP) regimes of several countries worldwide, Geographical Indication (GI) is a sign, symbol, or name used on products to indicate that they have originated from a specific geographical locality and possess qualities, characteristics, and reputation attributable to their origin. GI not just functions as quality marks that improve export markets and revenues but also provides a precise source of origin. In this way, it prevents unauthorized users or manufacturers from manufacturing and selling fake products, i.e., products that don’t meet the applicable standards in regards to that origin. For instance, as Darjeeling tea holds a GI tag, its producers have a complete right to prevent the use of the term Darjeeling for the tea products, which are either not produced as per the standards set by the GI law or not grown in their jurisdictions. Though geographical indication protection doesn’t provide the right to prevent others from using the same technique or procedure to manufacture products similar to those that have been granted GI tags, yet it is beneficial in protecting unauthorized use of sign, symbol, or a name that constitutes indication.

Now, if we talk about the designation of origin, it refers to a special kind of protection and implies exclusive or essential natural and human factors of the geographical environment leading to specific characteristics and quality of products and services. It grants protection to the names or signs indicating that a product or service originates from a specific geographical region.

Why Should Geographical Indications and Designation of Origin be protected?

Protection of GIs and designation of origin under the Intellectual Property Law is crucial to evade unauthorized use and infringement. Prevention of such unlawful use will ultimately contribute to increasing the commercial value and reputation of the products and services. Moreover, it also benefits the general public and consumers. For instance, by promoting good business practices and fair market competition, protected GIs will help the customers to buy the precise products. Furthermore, by retaining the active workforce and stimulating family farms, especially in rural areas for developing specific and traditional products and services, the protection of these signs is favorable to economic development as well.

How Should the Protection of Geographical Indications be granted?

The protection of GIs under IP should be granted through a relevant registration procedure. GIs are often protected under national laws and following a wide range of concepts, like laws for the protection of certification marks, laws against unfair competition, consumer protection laws, or special laws for the protection of geographical indications or designations of origin. The Geographical Indication Protection provides the owner with the right to prevent third parties from using the authorized indication on or for the products or services that do not conform to the applicable standards and can be obtained by acquiring right over the sign or name that constitutes the indication. Once registered, the GI and designation of origin may be used collectively by any of the producers (who meet the requirements) from the specific locality.

Contrary to other sorts of Intellectual Property Rights (IPRs) like a trademark, patent, Industrial Design, and more, the legal systems taking care of this field may differ from state to state. One other considerable fact about geographical indication or designation of origin is that these are often used with producers’ sign or logo that can be protected under trademark with a perspective to focus on the individual character and common characteristics of products’ origin.

Protection of GI tags and designation of origin not just prohibits infringement issues but also builds a remarkable reputation worldwide. It then motivates the consumers to buy the GI products, along with visiting the regions where these commodities are being produced or made, and that ultimately benefit both the producers and nations by enhancing the tourism of those areas. For more visit: https://www.trademarkmaldives.com

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DMCA (Digital Millennium Copyright Act): Everything You Need to Know

Since the internet began, people have uploaded and published over a trillion gigabytes of digital content that includes music, games, movies, and much more. The rapid advancements in the digital age and the internet have undoubtedly served content creators and publishers with lots of opportunities to make profits and revenue but along with challenges such as violation of their data online. Indeed, Copyright Infringement is one of the biggest challenges that the digital world faces in the present era. To stop the continuous increase in widespread unlawful access to copyrighted materials observed in the 1990s, the US government put a step and came up with a law called the Digital Millennium Copyright Act. Abbreviated as DMCA, this law is a result of the teamwork of legislators, media firms, and consumer lawyers, and enacted by the US Congress and signed by President Bill Clinton in 1998. The law was made on request of many organizations requested for a legal process by which holder of Copyright Website, content, or image could assert their rights to prevent the illegal use of their media. Apart from providing the copyright holders with these facilities, DMCA aims to maintain a balance between the interests of original owners and those who want to purchase the copyrighted materials. It also takes care of penalties to be put on offenders who intentionally violate any Intellectual Property (IP).

DMCA Takedown Notice

Resting as the main component of DMCA law, DMCA takedown notice is an official notification to inform the firm, search engine, web host, or internet service provider (ISP) that they are using copyrighted material. As, in the legal sense, such use is unlawful and leads to copyright infringement, the site or company who receives this notice should immediately take down the specific material. In case they avoid doing so, the ISP could forcefully remove the copyrighted content. You can send the DMCA notice or request for the following types of copyright content:

  • Videos,
  • Digital software,
  • Artwork, images, photos,
  • Posts on your official websites,
  • Songs, music, and almost every kind of audio files,
  • Written texts, including books, poetry, articles, blogs, etc.

Registration of Work Isn’t Necessary

When it comes to write or send a DMCA notice, it is not mandatory to register your work. Any unique content becomes its owner’s IP as soon as he/she creates it. And, as the original owner holds the copyright to it from the moment of its creation, he/she can send a DMCA notice in regards to it without bothering about Copyright Registration. DMCA takedown request is one of the politest ways to prevent infringement of any unregistered material, but don’t forget that if you want to go for a copyright infringement lawsuit, then it is essential to register your content with the copyright office.

Procedure to Create DMCA Notice

As per the law, there is no official DMCA takedown notice form or template that copyright owners are needed to use. However, to make the requests valid, each plaintiff (sender of the notice) must consider including certain specifications. Besides providing info that showcases the copyright infringement, the notice should include:

  • All the details related to the content that’s being infringed
  • A statement that the sender has a good faith that the party on the receiving end has infringed his/her content
  • A statement that under penalty of perjury, every detail provided in the takedown notice is precise
  • Sender’s contact information
  • Sender’s physical or electronic signature

Don’t Worry If You Receive a DMCA Takedown Notice

Considering the legal standing, receiving a DMCA takedown notice undoubtedly sounds a bit scary, but being worried or scared is not at all a solution. What you should do in such cases is first of all calm down and be honest to yourself. After that, think whether or not you infringed the copyrighted material intentionally. Usually, there are high possibilities that you didn’t steal or post the content intentionally. Nevertheless, if you find yourself guilty of infringing the material, then rectifying your mistake will be the best solution. Be quick to locate and take down the violated content as soon as you could. In some cases where you host multiple websites with various people posting and sharing content, there are probabilities that you receive the notice as the next logical person to contact while the infringement was committed by any of those people. Other likelihoods could be that you are using the copyrighted content cautiously within the boundaries of Fair Use. If that’s so, then contact the sender of the notice and share the details of how you used his/her content. It will help you in sorting the issue with ease.

Conclusion

Nowadays, when powerful tools like DMCA are here to help you fight back the infringers, there is no need to stand like helpless in situations when they steal or use your copyrighted content. When these tools have been designed to serve you, then why not utilize them and extract the benefits that you deserve. From today onwards, be active and understand the rights you hold over your copyrighted content and ways to utilize them in the best possible manner. In the case of any query, feel free to contact an experienced IP Attorney. You can also contact an Intellectual Property Law Firm with good experience in rendering services related to the IP industry. For more visit: https://www.trademarkmaldives.com

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Apple Possibly Have Taken Control of ‘AirTag’ Trademark

Rumors of an Apple-branded tile-like tracking device have been circulating for months, and now it appears that the device could be named as AirTag. References to AirTag found within the iOS 13.2 update hints that this tile-like device may appear very soon. Apart from a lot of rumors about this device, a trademark for ‘AirTag’ has also been found. According to several reports, a Russian firm filed a Trademark Application for ‘AirTag’ in October 2018.

Filed with USPTO (U.S. Patent and Trademark Office), the application appears very similar to what people have been expecting Apple to reveal for some time. It includes systems of radio frequency identification (RFID) comprised of RFID tags in the form of cards, key rings, tags. It also encompasses RFID markers in the form of RFID signal receivers, downloadable software for operating RFID readers, blank smart cards with ICs (integrated circuits), etc. All these systems and things are intended to be designed for enabling users to identify them automatically for obtaining keyless access control over interlocking doors and various services like public transportation, social events, banking, and more.

After a few back-and-forths, the application was approved in August 2019. Following that, the links to Apple begun to appear on 28th August. On 28th August 2019, when an official notice stating that the same application would be published on 17th September 2019 has been provided, the attorney representing the trademark application changed to the Moscow office of Baker & McKenzie, a firm with which Apple has worked on several occasions and in different countries.

Indeed, that wasn’t the application’s final resting place. Instead, around one month later, i.e., on 1st October 2019, it moved again and has been officially transferred to a company named as GPS Avion LLC. It is a firm that was just created in July 2019 and appeared to have no public presence. GPS Avion LLC was created in Delaware by the Corporation Trust Company, which is a process Apple has deployed quite a few times to build shell companies to hide its identity while dealing with Intellectual Property (IP) issues.

Nevertheless, none of the facts finally confirms that Apple holds the trademark for AirTag, but they altogether do show that someone does. Besides, the use of AirTag by Apple in iOS 13.2 generates high possibilities that the company is related to Apple in one or the other way.

Undoubtedly, the recent media event that had held in October hadn’t mentioned anything about AirTags or Tile-like features, but considering iOS 13.2 references the new tracking accessory, we expect that AirTags would be announced soon, possibly even this week. For more visit: https://www.trademarkmaldives.com

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How Can Blockchain Help in Monetizing Intellectual Property?

With the advent of the internet that made it possible for online data to flow freely from one part of the globe to another, content creators nowadays can have global audiences. Although the free flow of content has opened countless opportunities for content creators, it many times results in piracy and Copyright Infringement issues. That’s why content creators in the present digital era have a hard time monetizing their content even when they strive to prove ownership of the same. Nevertheless, continuous technological advancements have come up with technology like blockchain that can help creators to monetize their unique content, i.e., Intellectual Property (IP).

From novel music to artistic works and unique inventions, IP encompasses a wide range of things. The appropriate use and sale of these assets can let you make millions of dollars. On the other hand, it is quite easy to have these assets stolen and monetized without your consent or knowledge in the current age. Hence, there is a need for something that can assist you to extract benefits out of your IP without letting someone infringe on it. Blockchain is one of the safest sources to enjoy the profits of using your IP deprived of facing copyright infringement. So now, the question arises ‘how blockchain can help in monetizing IP?’

In What Ways can Blockchain Assist to Monetize IP?

In general, there are several ways in which the blockchain technology can enable you to monetize your IP. Nonetheless, the first and most efficient one is the use of smart contracts. Embedding smart contract to your IP will make blockchain technology to execute a license for its use. For instance, if you are a photographer, then blockchain will trigger the automatic payment in regards to the set terms every time people access your photos. The technology will also aid you in proper scaling of the compensations. If a large corporation, for example, uses your photos, the smart contract will scale the payment and make sure that you receive the correct compensation for your work.

Besides, blockchain facilitates you to bypass the middlemen, thus raising the revenue you generate from your content. Middlemen, like popular streaming platforms, perform a task of dictating the amount of money content creators generate from their work. The past years uncover a lot of cases where the middlemen held responsible for providing the content creators with revenue much lesser than they expected. With blockchain technology that provides the creators with a full charge of their content, they can easily get to decide what their art worth. It further allows universal cross-platform monetization of your data. In recent times when various platforms compete for domination and market share at the expense of content creators, this technology would let you earn more and more money, regardless of the platform through which viewers consume your content.

Apart from aiding you in making profits like earn more money and save financial resources on getting agents to manage your IP, blockchain technology also works to prohibit content piracy, one of the biggest challenges creators often encounter. The pirates could use the stolen, i.e., copied content as content distributors, and thus, get payments for its distribution. In this way, they can turn the profits or revenue that should reach you towards them. Undoubtedly, blockchain empowers you to keep your gains only to you by prohibiting infringers from violating your IP.

Final Thoughts

Although blockchain technology is the best way to monetize your IP, it demands efforts on your part to ensure the excellent possible outcomes. As the ability of this technology to monetize IP depends on the blockchain networks and elements you decide to use, it is crucial to be cautious while opting for the same. There are many sources available in the form of enterprises, departments, etc., that deal in rendering blockchain services to help you monetize your content without any hassle. So, why to take risks? With real-time transactions and low financial investment support of blockchain technology, enjoy monetizing your content effortlessly while keeping it safe against infringers. For more visit: https://www.trademarkmaldives.com

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HC Agrees to Hear Copyright Infringement Suit against Bigil

The Madras High Court (HC) has agreed to hear on 24th October 2019 a plea by a scriptwriter Amjath Meeran asking to restrain the release of the movie – Bigil on 25th October 2019 alleging that the movie’s writer-director Atlee infringed his copyright.

Advocate M.S. Murali, who requested Justice N. Sathish Kumar to take up this Copyright Infringement lawsuit for urgent hearing, asked lawyer P.V. Balasubramanian representing the production group/company AGS Entertainment Private Limited and executive producer Archana Kalpathi to be ready for arguments. Mr. Murali told the justice that he would convince the court to grant an interim injunction restricting the release of the movie on the set date. He added that even otherwise, the movie could be released after depositing Rs 10 lakh in the court as the compensation money asked by Mr. Meeran.

In the plaint, the plaintiff claimed himself to be a director, producer, and writer who owned a production company with a name Meeran Theatres. The complaint showed that he was also an associate member of TFPC (Tamil Film Producers Council). He also claimed to have written a script titled ‘Brasil’ in the year 2014 and then get it registered with the Writers Guild of America in 2015.

He said that though the guild was yet to issue a registration certificate, he had sent an email for despatching the certificate at the earliest. He stated that the script, which had been projected in the trailer of the movie Bigil, is the same as his script. Besides, it also spins around the theme of the football game being encouraged by the protagonist of the movie.

In the end, he urged the judge to appoint a team of scriptwriters and professionals from the film industry to compare the two scripts and provide a report to the court so that the director and his production team could be ordered to pay an initial compensation of Rs. 10 lakh.

Although the court’s final decision about the release of the movie is yet to come, it seems that actor Vijay starrer Bigil, along with, his team has run into trouble. For more visit: https://www.trademarkmaldives.com

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5 Vital Things to Consider Before Applying for a Patent

On the path from just an idea to inventing success, there are undoubtedly many pitfalls that can disturb our way. Sadly, one of the biggest pitfalls is incomplete knowledge. There are a lot of things that we as inventors should know. From the importance of patenting our invention to How to Apply for a Patent and understanding the role of patent protection are some obvious things with which we should be familiar. What follows, however, are the five things that inventors must know and understand when they intend to file a patent application.

Five Key Points to Consider When You File a Patent Application

  1. Comprehend ‘Why Are You Doing This?’: People often take patent filing as just a task related to their invention, and thus, go with the flow and apply for a patent. Well, it is not at all a good idea, you should always actively engage in the patent process after gathering complete information as, after all, it’s the matter of your invention’s protection. Comprehend what patents are for, how can they profit your business, what do you expect from them, etc. In general, you may want to file a patent application for several reasons. For instance, an issued patent grants you exclusive rights to stop infringers. Your patent application, whether it ends up with a granted patent or not, acts as a public prior art document that prevents others from filing a patent application for a similar thing in the future. A patent portfolio shows your seriousness about the protection of your IP and can boost your company’s reputation and prestige.
  2. Opt for Precise Filing Method: When it comes to the patent filing, you will find several approaches. Although it is a straightforward decision that you can easily make depending on your needs, gathering information regarding each method will be advantageous. You can opt for filing the non-provisional patent application, Provisional Patent Application, international patent application, PCT application, or Design Patent
  3. Prefer Working Under Supervision of Your Patent Attorney: Your patent lawyer do it for a living and strive to serve you with remarkable profits. Hence, he or she is a valuable asset in this whole Patent Process. Never hesitate to ask questions and clear your doubts. Besides, stay in touch throughout your application preparation process. Ensure that your attorney will prepare the final application based on your disclosure as it will make things go right and the procedure easier. The lawyers can’t read minds, and therefore, possibly need your help to explain everything in your application adequately. Ask your engineers and inventors to spend some time helping them. Don’t forget to make your attorney aware of what you consider to be the ‘inventive’ part of your invention and what differentiates it from the others’ already invented assets. Your lawyer assuredly knows that the application requires multiple details described precisely, and creates it in the same way. However, being careful and ensuring that everything goes correctly and politely on your part is also essential to avoid possible issues due to the use of stern language.
  4. Don’t Miss Out to Review the Draft Application: After preparation of the application when you are about to file it, you should review everything to ensure completeness and accuracy. Make sure that nothing important is missing, and the description describes every aspect of your invention such that all who go through it can understand the same. Moreover, emphasize substance more than style, i.e., though stylish and eye-catchy, yet if something seems weird, consult your attorney about it.
  5. Get Familiarized with Deadlines and Apt Timings: An experienced and knowledgeable solicitor is the best person to tell and explain these to you. Nevertheless, some imperative deadlines and timings as per the US Patent Law state that it’ll be in your best interest to apply for a patent before disclosing the invention to anyone. Furthermore, if you wish to prioritize your application officially at the USPTO, you have to do so on the day you apply, as it will not be possible later. Foreign and PCT patent applications need to be filed within a few months of the initial US patent application.

Conclusion

Although applying for a patent is a gratifying and proud process, it can be time-consuming and difficult. But if you stay updated with the day-to-day reforms surrounding the IP industry and consider the five points mentioned above, there will be no or hardly anything that prevents you from obtaining robust patent protection. Furthermore, stay confident to consult an Intellectual Property Law Firm or IP Attorney if you have any other query. Good Luck! For more visit: https://www.trademarkmaldives.com

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Where Does India Rank in Global Intellectual Property Filings?

Due to the rapidly growing technology making it easy to generate new ideas, create unique products, and enhance creativity, almost every individual and organization is striving to come up with something that can profit them. Nevertheless, this phenomenon results in increasing the competition that, in turn, leads to issues like copying and infringement of one another’s valuable assets. In this instance, Intellectual Property Protection appears as the best source to keep a person’s assets secure, and this is why Intellectual Property (IP) filing activities are continuously growing. Indeed, almost every nation in the world is witnessing an increase in IP filings. For instance, India, with a remarkable rise in trademark, industrial design, and patent filings, has achieved the top tenth rank among 49 countries positioned based on the total IP filing (resident and abroad) activities. As per the reports, the nation saw a hike of more than 20% in trademark filings, 13.6% in the industrial design fillings, and 7.5% in the applications for getting Patent Protection.

When it comes to overall, i.e., global upsurge in the IP filings, patent applications exceeded 3.3 million, which represents a growth of 5.2% in comparison to 2017. Trademark Applications totaled 14.3 million, up 15.5%, and Industrial Design filing projects amounted to 1.3 million. With around 50% of the total IP filings, including trademarks, designs, and patents, China has made the maximum increase in the global IP filings. In comparison to the IP applications filed in 2017, China observed over 160,400 more filings in the year 2018.

Though the second rank achiever – the US saw trademark filing activities rise by 4.3% yet a 1.6% decline in patent filings in 2018 is a concerning fact. It is the first fall that the country came across in the previous decade.

Asia has been developing as the universal hub for IP applications, according to Francis Gurry, WIPO (World Intellectual Property Organization) director-general.

Domestic Patent Applications, in India, reached 34% in 2018-19 from just 22% in 2013-14. As per the Department of Promotion of Industry and Internal Trade (DPIIT) report – including, information technology (IT), computer science, and science, almost every industry is adding to the significant rise in overall IP filings of the country. For example – Wipro and TCS (Tata Consultancy Services) – the two IT firms were positioned at first and second place respectively while the seven-year-old-startup Hike was ranked third in terms of applying for patents in the field of IT. Moreover, the India-based Kalvin Bharti Mittal-led firm has filed 66 patents. Although the company till now has not revealed the reason behind filing such a wide range of patent applications, it has been working in the field of research and development (R&D), encompassing Computer Vision, Social Network Analysis, and Natural Language Processing (NLP). The recently launched Hike Patent Program by the firm focus on incentivizing its employees with grants and rewards besides giving legal and market directions to patent filers.

In addition to the firms mentioned above, several other enterprises and entrepreneurs are actively participating in patent filings in India. It puts light on the fact that the individuals, as well as companies, comprehend the crucial role intellectual property fillings play in their professional lives. Well, it enables them to knowingly or unknowingly contribute to the growth of the nation’s IP filings. Furthermore, the government is also realizing the importance of encouraging the citizens to come up with new inventions, designs, etc., and thus, go for more and more IP fillings. And to make this happen in large numbers, the departments are continuously making efforts; for example – the Ministry of Commerce and Industry has recently proposed a reduction to Rs. 1,600 from Rs. 4,000 in Patent filing fees for startups and MSMEs.

Finally, with the growing usage of the internet and technology and nearly 60% of the Indian population to be young minds, it is possible to bring the nation among the top five IP fillings countries in the world in the future. Nonetheless, as the boost in the innovations will increase the IP filings and vice-versa, it is not at all the responsibility of the government or citizens alone to make efforts for this. Instead, both should help each other as it is the matter of securing the entire country’s IP assets and filing ranking. For more visit: https://www.trademarkmaldives.com

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