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Role of Mediation in patent infringement disputes

 

Mediation is a potentially efficient and cost-effective alternative to traditional litigation and arbitration. The use of mediation has become increasingly popular in several areas of dispute resolution and one such area is that of intellectual property (IP).

As the field of Intellectual property is vast, here the importance of mediation as an alternative to both litigation and arbitration in patent infringement disputes is discussed.

A patent can be defined as a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention typically for 20 years during which the product or process cannot be exploited by others.

Patent disputes typically arise when patent rights are breached i.e Patent infringement occurs when a third party makes, uses, sells, offers to sell a patented invention without the patent owner’s permission. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. Therefore, patent infringement disputes involve courts interpreting and evaluating the claims of a patent on which the protection is sought. This is a complex procedure and the litigation process often become expensive and complicated. In the defense of infringement party allegedly responds with a counterclaim of patent invalidity and a defendant involved in patent litigation may ask to reexamine the patent being litigated. During re-examination the court will reconsider the validity of original patent and whether it meets the statutory requirements of novelty, inventiveness and non-obviousness. If a defendant successfully pleads the defence of a patent the patent owner will lose not only the case but also the patent itself.  

Alternatively, mediation in patent infringement disputes can save time and money by avoiding the interpretation and reinterpretation of patent claims. Also, mediation removes the risk of patent invalidation and promotes creative solution in patent disputes. Moreover, unlike litigation, mediation process is confidential.  

For example- A company holding patent rights for a technology founds that its competing company is selling the same technology without any license. The concerned company threatens to file patent infringement case in all jurisdictions in which the company is holding patent rights. But the mounting cost of legal action would take a toll on the company and the litigation process is very time consuming. In such a situation, mediation is instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interests of both parties and ensures the profitable use of the technology in the service of those interests.

Mediation is a great idea and can offer people a way of working things out without spending lots of money which could be better spent elsewhere to grow a business.

Registration of design under design act 2000
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Registration of Industrial Designs in India

Registration of Industrial Designs in India”

An “Industrial Design” is an Intellectual Property Right (IPR) that recognizes and protects the new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles (visual design) and not the functional part of the object/article. The design can be made by hand, or by any tool or machine, or by combination also. The design is judged merely by eye, without the help of any other mechanical device.

How to register industrial design and protect your industrial design in INDIA?

The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014.

The industrial design registration like any other Intellectual Property, is particularly useful. For many industries, design is the simplest way of differentiating their products from the competitive products and customers may also associate a product with particular company or with a particular quality standard based on the product aesthetics. Thus, the popularity of the industrial design is helpful in popularity of the business entity. Many companies that manufacture duplicate or imitation products usually copy the design and look of the product to gain market shares. As a result it becomes very important to protect a design.

Essential points for Registering of industrial design:

Following mentioned points are the essentials to be kept in mind before applying for the registration of the industrial design application in India:

  • The industrial design should be novel, original and has never been used before.
  • The industrial design should not have been disclosed to the public anywhere in India or in any other country prior to the priority date of the application.
  • The industrial design should relate to the article and its functionality.
  • The industrial design should have artistic value.
  • The industrial design should be significantly distinguishable from known designs or combination of known design.
  • The industrial design should not comprise or contain scandalous or obscene matter. Industrial design rights are granted for a limited period.

    The duration of the protection of industrial designs varies from country to country. In India, the registration of industrial design initially confers the right for 10 years from the date of registration. It is further renewable for a period of 5 years.

    If the fee for further period of registration is not paid within the period of initial registration, the industrial design rights will cease. But there is also a provision for the restoration of lapsed design. The lapsed design can be restored by filing an application for restoration within one year from the date of cessation in the prescribed manner.

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Bee Vectoring Technologies

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Investing in passion. We invest in passionate founders with deep industry insights, providing capital and mentorship at the earliest stages of venture creation.

Granted Two Patents

About Bee Vectoring Technologies International Inc.

BVT has developed and owns patent-pending bee vectoring technology that is designed to harmlessly utilize bumblebees and honeybees as natural delivery mechanisms for a variety of powdered mixtures comprised of organic compounds that inhibit or control common crop diseases, while at the same time enhancing crop vigor and productivity. This unique and proprietary process enables a targeted delivery of crop controls using the simple process of bee pollination to replace traditional crop spraying, resulting in better yields, superior quality, and less impact on the environment without the use of water or disruptions to labour.

Bee Vectoring Technologies (the “Company” or “BVT”) (BEE) is feeling enthusiastic to announce that it has received notice of allowance of subject  patent applications in two new and significant agricultural sector and gets approval of patent on October 2,  2017.

Chile Patent No. 53.259: Represents the first patent protected  by the Company in South America.

Japan Patent No. 6066496: Represents the first patent protected in Japan, and increasing the strength of  the Asian patent portfolio which already includes a previously approved patent in China.

BVT CEO, Ashish Malik said “These patent approvals are important milestones for the company as Chile and Japan are significant anchor countries for the agricultural sector of South America and Asia respectively. The crop protection market in Chile and Japan combined is estimated to be US$2.7 billion. In particular, fruit and vegetable crops makes a wide portion of both the Chilean and Japanese markets, and both are amongst the largest markets in the world. Securing patents in North America, South America, Europe, Asia and Australia allows us to pursue the global market opportunity that exists for crop protection with confidence and helps ensure our approach of being first to market with our proprietary solutions.” Malik added “With these patents secured, BVT safeguards our competitive advantage and allows us to further our business development discussions with potential partners who are showing interest in working with us to introduce our system to growers worldwide. Many partners have a strong preference in working only with proprietary and patent-protected technologies. As we move through the commercialization process, these partners will be critical to our success in these markets and provide scalability quickly and efficiently.”

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent publication number PL2693871 on 2011-04-07. The inventor of the present innovation under agricultural sector are Collision Michael and Howard D Hearn. The patent invention relates to treatment of growing trees or plants, for e.g. for preventing decay of wood, for tingeing flowers or wood, and for prolonging the life of plants. The innovation relates to a tray for positioning in an exit path of a bee hive comprises a base, a bee entrance end, and a bee exit end. Spaced apart side walls extend upwardly from the base. The sidewalls extend generally lengthwise between the bee entrance end and bee exit end. A plurality of posts extend upwardly from the base and are positioned between the bee entrance end and the bee exit end. The posts are generally circular in cross-section. The posts act as obstacles around which the bees must walk to reach the bee exit end from the bee entrance end.

The patent innovation would be classified as beehives, for e.g. ventilating devices, entrances to hives, guards, partitions, and bee escapes. However, the present innovation can also be classified as appliances for treating beehives or parts thereof, for e.g. for cleaning or disinfecting.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Isolated strain of clonostachys rosea for use as a biological control agent” bearing publication number PE09492016 on  2013-09-11.The inventor of the present innovation under agricultural sector are Sutton John and Mason Todd Gordon. The patent invention relates to Symbiotic or parasitic combinations including one or more new plants e.g. mycorrhiza . The innovation Described is an isolated strain of the fungus Colonostachys rosea termed BVT Cr-7 useful as a biological control agent for the treatment of plants. The isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant. The innovation relates to a Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper  Substances for reducing the noxious effect of the active ingredients to organisms other than pests.

The innovation makes use of substance containing ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Containing ingredients stabilising the active ingredients” bearing publication number US2016213006 on  2012-03-12.The inventor of the present innovation under agricultural sector are MASON Todd Gordon and Sutton John Clifford.The Patent invention relates to a  isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant.” The innovation described a powder plant treatment formulation for application to plants by insect vectoring includes: a plant treatment agent; a stabilizing agent bonded to the plant treatment agent for stabilizing the plant treatment agent; a moisture absorption agent for absorbing moisture from the formulation; an attracting agent for attracting the formulation to plants; and a diluent.The patent invention relates to Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants,fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper,Substances for reducing the noxious effect of the active ingredients to organisms other than pests.The Invention makes use of  a substance that contain ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent  number US9526233 on 2016-12-27. The inventor of the present innovation under agricultural sector are Collinson Michel Howard D Hearn and Kevan Peter G. The patent innovation relates a bee vectoring apparatus includes a tray for positioning in the exit path of a beehive. The tray includes a bottom, a bee entrance end, and a bee exit end. The apparatus includes a tray lid positioned above the bottom, with first and second barrier walls extruding downwardly from the lid. A ceiling extends between bottom ends of the first and second barrier walls. The patent invention would contain some other details of beehives, e.g. ventilating devices, entrances to hives, guards, partitions, bee escapese e.t.c.

BVT has also filed a patent application with the US patent office for  novel system that allows the delivery of plant protection products to crops using commercial honeybees.

The Company is pursuing an aggressive Intellectual Property (IP) strategy that covers five different patent families and 60 patent applications worldwide. The IP strategy supports the Company’s documented growth strategy to selectively expand its market opportunities while it drives towards commercialization of its proprietary system in the US.

BVT’s technology described in these patents includes a specialist apparatus for the treatment of plants with inoculants and control agents to manage diverse diseases and pests and enhance the yield and quality of crops. The inoculants and control agents are housed in proprietary removable trays within a dispenser system that is incorporated in the lid of commercial bumble bee hives.

The bumblebees pick up the inoculant on their way out of the hive and deliver the treatment to the plant in a very targeted and sustainable way.

Our delivery platform provides a groundbreaking management system that delivers highly targeted and effective pest and disease control and improves the quality of your crop.We combine our active ingredients and easy to use tray system with the natural pollination process of commercially reared bees. This provides the foundation for a season-long pest and disease management program with a biological control that is safe for bees, people and the environment. Ashish Malik, President & CEO Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

This press release contains certain “forward-looking statements” that involve known and unknown risks and uncertainties. All statements in this press release, other than statements of historical fact, that address events or developments that BVT expects to occur, are forward-looking statements. Forward-looking statements in this press release include, but are not limited to, statements with respect to BVT’S future plans and technologies, including the timing of such plans and technologies. Forward-looking statements are statements that are not historical facts and are generally, but not always, identified by the words “expects”, “plans”, “anticipates”, “believes”, “intends”, “estimates”, “projects”, “potential”, “indicate” and similar expressions, or that events or conditions “will”, “would”, “may”, “could” or “should” occur. Although BVT believes that the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results may differ materially from those in forward-looking statements. Factors that could cause the actual results to differ materially from those in forward-looking statements include continued availability of capital, financing and required resources (such as human resources, equipment and/or other capital resources), and general economic, market or business conditions. Investors are cautioned that any such statements are not guarantees of future performance and actual results or developments may differ materially from those projected in the forward-looking statements.