The document discusses patent disputes in the IT industry. It provides background information on information technology and defines patents. Patents provide exclusive rights to inventors for a limited time in exchange for publicly disclosing inventions. The document outlines patent application requirements and processes. It gives examples of patent disputes between major companies, such as Apple v Samsung over smartphone design patents, where Apple was awarded over $1 billion, and Nokia v RIM related to wireless network technology licensing agreements.

1. Patent Disputes in IT
Industry

2. 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.

3. 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.

4. 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.

5. 
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.

6. 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)

7. 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.

8. 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.

9. 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.

10. 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

11. 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.

12. 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.

13. 
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.

14. 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.

15. Thank
You