Raj S. Dave, D.Sc., J.D. Image

Raj S. Dave, D.Sc., J.D.

Raj S. Dave, a registered patent attorney in the United States, is the President & Founder of Davé Law Group (DLG), a full-service Intellectual Property law firm in Virginia. He is the President of LexpertConsilium, located in Bangalore, India. LexpertConsilium LLP is a back office of Davé Law Group and practices patent and trademark cases at the India Patent Office but does not practice Indian Law in Indian Courts. Dr. Davé is an Emeritus Resource Faculty, School of Law, Policy and Governance (SLPG), School of Maritime, Air and Space Studies (SMASS), Rashtriya Raksha University, National Security and Police University of India He is a Visiting Professor Southwest University of Political Science and Law, Chongqing, China. He is the Chairman of Indian Government’s Patent Facilitation Committee whose objective is to oversee the working of Patent Facilitation Centers in different Indian states. Dr. Davé is recognized as an “IP Star” by Managing Intellectual Property and the Legal 500 U.S. He has authored articles published in Duke Law & Technology Review, Yale Journal of Law and Technology, and Harvard Journal of Law and Technology, among others.

Recent Articles by Raj S. Dave, D.Sc., J.D.

What it Means that Russian Businesses Can Now Legally Steal Intellectual Property from ‘Unfriendly Countries’

Russian businesses now hold the key to pilfering, producing and profiting from western technologies. As of Monday, March 7, the Russian government has legalized intellectual property (IP) theft. With this move, businesses in Russia can now violate IP rights, as they no longer need to compensate patent holders from “unfriendly countries.” The list of “unfriendly countries” includes the United States, Canada, Australia, Switzerland, Norway, Iceland, the United Kingdom, Japan, South Korea, New Zealand, Singapore, Taiwan and all 27 European Union (EU) member countries. Russia has faced growing isolation from the Western world following President Vladmir Putin’s invasion of Ukraine. The United States, EU member countries and others recently initiated sanctions against Russia and have enacted crippling trade limitations. Currently, Russia is sufficiently meeting its supply and demand needs for agriculture, energy and natural resources. However, Russia’s isolation and growing lack of skilled producers have led to a stark decrease in technological production and innovation.

The USPTO’s New Guidelines on Prophetic and Working Examples in Patent Applications and Corresponding Practices in India and China

The United States Patent and Trademark Office (USPTO) publishes a large number of notices in addition to guidelines for patent applicants. These guidelines are frequently updated, and it is critical to stay informed of those updates. On July 1, 2021, the USPTO published a notice in the Federal Register titled “Properly Presenting Prophetic and Working Examples in a Patent Publication.” In this notice, the USPTO defined prophetic and working examples, distinguished these concepts, and described their use and importance within patent applications. In contrast, this distinction is not made under Indian or Chinese law or practice. Furthermore, applicants are generally not required to provide prophetic or working examples, and the concept of prophetic examples is not recognized under Indian or Chinese patent law.

India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions

On September 21, 2021, India’s Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules. The amendment now includes a new category, “eligible educational institutions,” which qualifies for the same reduced fees as natural persons, startups, and small entities. This means any “eligible educational institution” will pay 80% reduced fees for the entire patent filing and prosecution, thereby hopefully incentivizing those institutions to apply for more patents, and bringing India a step closer to becoming a global player in patent filings.

USPTO’s Patent Quality and Pendency Programs are Bearing Fruit

According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality patent examination in a timely manner. From submission to approval, the USPTO has established groundbreaking quality assurance programs, metrics, and training programs. It has also established IT modernization programs to improve the overall quality of the office’s work products and processes. These steps have made it possible for the agency to introduce new programs to significantly reduce pendency. A high-quality patent must adhere to the requirements of Title 35, and to the corresponding and applicable case law. To monitor and drive quality, the Office has been conducting both internal and external stakeholder perception surveys semiannually since 2006. In response to stakeholder feedback, the USPTO is providing detailed data at the technology center level, including filings, pendency, staffing, productivity, and inventory levels.

Parliamentary Committee Report Outlines Policy Changes to Improve Indian IP Regime

Despite India’s progress in many areas, from science to literature to technology, protection for intellectual property rights (IPR) is a topic that has come under scrutiny. The IP laws in India have remained vastly unchanged and unreviewed over the past few decades. Recently, however, the Parliamentary Standing Committee on Commerce (PSCC) decided to review IPRs in India. The Committee, led by Chairman Shri V. Vijayasai Reddy, was made up of 11 members of the Rajya Sabha (upper house) and 21 members from the Lok Sabha (lower house). On July 23, 2021, the PSCC presented a report to the Rajya Sabha titled Review of the Intellectual Property Rights Regime in India (the Report). In the Report, the Committee pointed out the “challenges in strengthening the country’s IPR regime, the related procedural and substantive constraints, legal aspects and other issues, such as low awareness of IPR, counterfeiting and piracy, IP financing, and IPRs in agriculture and pharmaceutical sector, etc.”

India Gives Birth to IP Division in Delhi High Court

In India, a similar administrative adjudicatory body to the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO), called the Intellectual Property Appellate Board (IPAB), was constituted by a Gazette notification of the Central Government in the Ministry of Commerce and Industry on September 15, 2003…. However, the IPAB was eradicated by the Central Government of India by way of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India on April 4, 2021…. To address the backlog and growing number of cases, the Delhi High Court, on the recommendations of a two-member judge committee, recently announced the creation of the Intellectual Property Division (IPD) in a press release titled “Creation Of Intellectual Property Division in the Delhi High Court.”