PATENT
PATENT BATTLE BETWEEN BAJAJ AND ENFIELD
Bajaj and Enfield are embroiled in a controversy surrounding   twin-spark technology, with the former saying that they intend to investigate whether the Thunderbird Twinspark 350 cc bike of the Enfield has violated its Patent and would take appropriate legal action on infringement.

 On its part Royal Enfield asseverated that the twin-spark ignition being used in its new Thunderbird’s unit construction engine (UCE) was its innovation, and it did not infringe Bajaj’s patent for twin spark technology.

It claimed that Bajaj’s Technology is for an engine displacement between 75 cc to 250 cc whereas Enfield technology is for 350 cc and above.

MYSCREEN FILES PATENTS IN INDIA
 Recently MyScreen Mobile, Inc. (”Myscreen”) disclosed that a patent application for its technology has been filed with the Patent Office in India. The company is seeking to maintain its position as global market innovator and leader in the mobile advertising space. In India subscriber base is going to touch 500 million in 2010.
The filing of patents in specific countries, such as India, is part of MyScreen strategy to protect its technology globally.

PATENT E-FILING IN INDIA HITS 1000 MARK
The Indian Patent Office has received its 1000th patent application electronically in less than one year of receipt of the first application filed electronically. Online filing of Patents and Trademarks application facility was inaugurated by Hon’ble Minister of Commerce and Industry, Shri Kamal Nath on 20th July, 2007. The e-filing of patent applications in India had commenced since then.

The 1st Patent application was electronically filed in India on 13th August, 2007 and the 1000th application was filed on 24th June, 2008 which equals to about 3% of the total filing of the applications. Within the next few years, the Patent Office expects 97% e-filing of Patent applications. The revenue received through online payment gateway for applications filed online is approximately Rs.2.54 crore. E-filing provision is also available for filing new TMR applications and TMR search.

YOUNGEST PATENT HOLDER IN UK
Five year old Sam Houghton is now the UK’s youngest patent holder. He conceived an idea of an “Improved Broom”, to help his dad with work in the garden. The young inventor was only three years old at the time when he had the idea of tying two brooms together with a large rubber band while watching his father raking up leaves with one broom then switching to another for smaller debris. Sam’s father, a patent attorney in the UK, figured that Sam’s double-broom idea was sufficiently new, useful and inventive to be patentable. He filed a patent application with the UK Intellectual Property Office (IPO) which is now granted.

LAUNCHING OF PUBLIC CONSULTATION ON THE PATENT RESEARCH EXCEPTION BY UKIPO
The United Kingdom Intellectual Property Office (UK-IPO) introduced a consultation on the "patent research exception" that authorizes use of a patented invention for experimental purposes without infringing the rights of the holder. After receiving the opinions from the public a report will be made on the findings and proposed next steps will be published in early 2009.The deadline for receiving the opinions by UKIPO is 7th November.

FIRST FEEDBACK ON APPLICANTS' BEHAVIOUR UNDER THE EPC2000
European Patent Office recently published information about the use applicants have made of the European Patent Convention's (EPC2000) new features. The information brought out by the Commission deals with late filing of claims, reference filing, priority claims made after the date of filing, limitation or revocation procedure and petition for review.

The number of European Patent applications filed since the convention’s entry is 27,923.

NEW ACCEPTANCE PROCESS FOR PATENT APPLICATIONS
Patent applications accepted by the Intellectual Property Office of New Zealand (IPONZ) on or after 1 June 2008 will undergo a new process in which IPONZ will directly issue an official Notice of Acceptance once the Examiner concludes that an application is in order for acceptance. Earlier, an Examiner's report indicating the acceptance is required before issue of official Notice of Acceptance. The new process is in line with the practice that followed in patent offices of other jurisdictions such as Australia.

HOUSE OF LORDS CLARIFIES THE ‘INVENTIVE STEP’ OF A PATENT
House of Lords in Conor v Angiotech clarified the concept of ‘inventive step’. In this case the High Court and Court of Appeal had held Angiotech's patented invention was obvious and, therefore, the UK patent was invalid, whereas the Dutch court had held that it did involve an inventive step. Lord Hoffmann said that national courts across Europe and the European Patent Office (EPO) should interpret the EPC in a uniform way as far as possible. While dealing the question of whether the specification disclosed sufficient information to determine whether the invention was "obvious to try without an expectation of success" the Court of Appeal had made "an illegitimate amalgam of the requirements of inventiveness and either sufficiency or support or both". Their Lordships also indicated that the 'obvious to try' test is not always appropriate to high value technological developments. The validity of the patent was therefore restored.

TRADEMARK
TRADEMARK FOR MALLIKA SHERAWAT
Until now people have heard of Hollywood stars trade marking their names in order to avoid misuse of the same. Now Mallika Sherawat has joined their ranks too. She is now the first Bollywood actress to get a trademark for her name.

Any producer, Director, Advertising agency using her name needs to take her permission first.

It is a smart move on her part as even posting her wallpaper on the internet would now need Mallika's permission

INTELLECTUAL PROPERTY
INDIA, SINGAPORE SOON TO BE PARTNERS IN IPR COOPERATION
Union Minister of Commerce and Industry Shri Kamal Nath recently stated that a bilateral agreement on Intellectual Property Rights (IPR) cooperation between the intellectual property offices of India and Singapore will be signed shortly.

During his bilateral meeting with Lim Hng Kiang, Minister for Trade and Industry of Singapore, Kamal Nath asserted that the agreement will help in protecting the traditional knowledge of both the countries.

NEW INDUSTRIAL PROPERTY RIGHTS STRATEGY FOR EUROPE
The European Commission embraced a communication that outlines the main points of a new industrial property rights strategy for Europe. It is hoped that the new strategy would fortify the quality and efficiency of the industrial property rights system in Europe. It would also raise inventors' and businesses' awareness and use of the system. Strategy includes the enforcement of industrial property rights and the fight against counterfeiting and piracy. Commission considers the creation of a Community patent and an EU-wide jurisdiction for patents as its main priority.