In a significant ruling delivered in February 2025, the Delhi High Court reinforced the enforcement of Standard Essential Patents (SEPs) in India, delivering a victory to Philips Koninklijke Philips N.V. (Philips) in its long-standing legal battle against three Indian digital versatile disc (DVD) manufacturers. The case, titled Koninklijke Philips Electronics N.V. v Maj (Retd) Sukesh Behl & Anr, centered around Philips’ patented Eight-to-Fourteen Modulation Plus (EFM+) technology, an innovation crucial to the production of DVDs with minimal error rates and maximum storage capacity.
The case, which dates back to 2012, saw Philips accuse the defendants—Pearl Engineering Company, Powercube Infotech, and Siddharth Optical Disc Private Ltd—of using its EFM+ technology in their DVD production processes without obtaining a proper license. The technology, part of the DVD standard, plays a pivotal role in ensuring compatibility across devices by encoding data in a way that maximizes storage while minimizing data corruption. Philips sought a permanent injunction to halt further infringement and sought compensatory damages for the losses caused by the defendants’ actions.
The Legal Battle: Defendants’ Claims and Philips’ Counterarguments
The defendants countered the accusations of patent infringement, arguing that their DVD production methods did not use the patented EFM+ technology.
Non-compliance with Section 8: They argued that Philips had failed to disclose necessary information regarding foreign filings of the patent.
False Suggestions: The defendants claimed that the patent was granted due to false representations or suggestions made during the filing process.
Patent Eligibility: They contested the patent’s eligibility, claiming that it covered a method of performing mental acts (Section 3(m)) or a computer program per se (Section 3(k)), both of which are excluded from patentability under the Act.
Lack of Novelty and Inventive Step: The defendants further contended that the technology lacked novelty and inventive step, referencing a prior patent owned by Sony.
Insufficient Description: They also argued that the patent lacked a clear and sufficient description to allow replication by a skilled person in the field.
It asserted that any omission in the disclosure of foreign filings was unintentional and based on the available data within their records. Regarding the patent’s subject matter, Philips argued that the EFM+ technology involved a technical process that required hardware components, such as circuits and buses, and could not be performed mentally or abstractly. Therefore, it should not be classified under the excluded categories of Section 3(m) or Section 3(k).
The company further defended its technology, emphasizing that the EFM+ system was a novel invention in the field of digital storage, contributing to substantial technical advancements. Philips argued that the invention was not a mere software-based process but incorporated hardware elements that led to significant improvements in DVD manufacturing and storage capacity.
The Court’s Ruling: Affirming the SEP and Infringement
The Delhi High Court, in its judgment, sided with Philips, affirming the patent’s status as a Standard Essential Patent (SEP). It ruled that the defendants had indeed infringed upon Philips’ patent by utilizing the patented EFM+ technology in their DVD production without obtaining the necessary license.
The Court took a meticulous approach to the issue of FRAND (Fair, Reasonable, and Non-Discriminatory) licensing, emphasizing the global significance of SEPs in ensuring consistent and interoperable standards across industries. Despite the patent having expired during the course of the litigation, the Court highlighted that the defendants’ continued use of the patented technology without engaging in fair licensing negotiations violated the obligations under FRAND terms. As a result, the Court ruled in favor of awarding damages to Philips, emphasizing that the infringement had caused significant harm to the company.
Award of Damages: A Detailed Breakdown
The Court awarded Philips significant damages based on the established FRAND royalty rate for the patented technology. Philips had set a standard royalty rate of $0.03 per DVD. The defendants, however, had failed to disclose their actual sales figures, forcing the Court to estimate the number of DVDs that were manufactured using the EFM+ technology. The estimated sales figures for the defendants were as follows:
Pearl Engineering: Approximately 250 million DVDs.
Siddharth Optical: Around 65 million DVDs.
Powercube Infotech: Close to 499.3 million DVDs.
Using these estimates, the Court calculated the damages and converted the total sum into Indian Rupees at the current exchange rate of INR 83 per USD. The Court also took into account the time value of money during the prolonged litigation period, awarding interest at 12% per annum from the date the lawsuit was filed until the date of actual payment.
Furthermore, aggravated damages were imposed on the defendants due to their willful infringement and deliberate nondisclosure of sales records. This penalty was designed to reflect the defendants’ procedural misconduct and failure to comply with the legal requirements.
Breakdown of Financial Penalties
Pearl Engineering: Ordered to pay INR 6.22 crores (approx. USD 8,70,000) in royalty damages, plus INR 1 crore in aggravated damages, with interest accruing at 12% per annum from July 24, 2012 to February 25, 2025.
Siddharth Optical: Liable for approximately INR 1.61 crore in royalty damages and INR 1 crore in aggravated damages (approx. USD 3,14,458), with interest from May 28, 2012 to February 25, 2025.
Powercube Infotech: Faced the largest financial penalty, totaling INR 12.43 crore in royalty damages, plus INR 1 crore in aggravated damages (approx. USD 1,61,807), with interest from September 4, 2012 to February 20, 2025.
In addition to the damages, the Court mandated that the defendants cover the full costs of the litigation, citing the delay tactics used by the defendants that led to the prolonged legal proceedings.
A Landmark Judgment for SEP Enforcement
This ruling marks a critical milestone for the enforcement of Standard Essential Patents in India. It not only underscores the importance of adhering to FRAND terms but also sets a precedent for how similar cases might be handled in the future. The judgment highlights India’s increasing commitment to respecting and enforcing international patent licensing standards, especially in the realm of technology that has global implications for industry standards.
The case also demonstrates the growing importance of intellectual property rights (IPR) in India’s expanding technological and digital landscape. As the country continues to be an emerging hub for innovation and manufacturing, decisions like this reinforce the need for robust protections for innovators and patent holders.
In conclusion, this case reinforces the legal protections for SEPs in India, signaling to global markets that India is serious about enforcing patent rights and ensuring fair, non-discriminatory licensing in critical industries like electronics and telecommunications.
trademark
Patent Applicants Face Tighter Deadlines: What the New USPTO Rule Means for Continuation and Divisional Applications
Starting May 13, 2025, patent applicants will experience a significant change in the timeline for filing continuation and divisional applications with the U.S. Patent and Trademark Office (USPTO). Under the new rule, the window between paying the issue fee and a patent officially issuing will shrink dramatically—from about three weeks to just one week.
For those familiar with the process, this may feel like a significant shift. Previously, applicants had a comfortable amount of time to make key decisions regarding the filing of continuation or divisional applications after paying the issue fee. This period, although not extensive, offered ample opportunity to consider further filings and get the necessary paperwork in order. Now, with the new timeline, applicants will have to act quickly or risk missing the opportunity to file these crucial applications before the parent patent officially issues.
A Major Change for Continuation and Divisional Filings
For those in the patent world, continuation and divisional applications are powerful tools used to refine, expand, or protect different aspects of an invention disclosed in the original patent application. These tools allow applicants to pursue additional claims or protect additional inventions within the same family of patents.
This might happen if an applicant wants broader protection or if new claims emerge that were not included in the original application. A continuation application essentially gives the applicant another opportunity to further develop the patent without starting the process from scratch.
Divisionals, on the other hand, are filed when the USPTO requests the applicant to divide the original application into separate filings because the application covers more than one invention. This is typically seen in cases where the original application is too broad or contains more than one distinct invention.
The critical detail here is that both continuation and divisional applications must be filed before the parent patent is granted. Once the patent issues, the opportunity to file such applications is largely closed, and reopening prosecution after issuance can be costly and difficult.
The New Deadline: A Week to Act
Historically, applicants had about three weeks, sometimes longer, to file continuation or divisional applications after paying the issue fee. This gave them time to review their options, consult with colleagues or patent attorneys, and finalize their strategy before the patent officially issued.
However, with the new rule coming into effect on May 13, 2025, applicants will have only one week between paying the issue fee and the patent issuing. This means the timeline for making decisions has been drastically compressed. The issue fee, which is typically paid after receiving a Notice of Allowance from the USPTO, serves as an indication that the patent is about to be granted. With the tighter timeline, applicants must be ready to act quickly to file continuation or divisional applications—or risk missing the opportunity altogether.
For patent professionals who file these types of applications regularly, this change represents a considerable shift in workflow. The new rule is likely to require better planning, quicker decision-making, and perhaps even a shift in internal procedures to ensure applications are filed on time.
Best Practices for Navigating the Change
While the new rule presents challenges, there are several best practices that applicants can adopt to ensure they stay ahead of the game:
File Before Paying the Issue Fee
This gives ample time to review the strategy and decide on any additional filings. Filing before paying the issue fee ensures that applicants can secure their desired protection without the stress of a shortened timeline.
Incorporate Continuation and Divisional Discussions into the Review Process
Patent applicants should include discussions of continuation and divisional strategies as part of their regular Notice of Allowance review. This can involve consulting with patent attorneys, revisiting claims, and carefully evaluating whether additional applications are necessary.
Set Internal Deadlines
This gives teams time to deliberate and take a more measured approach to filings, without the added pressure of an approaching deadline.
Treat the Issue Fee as a Warning Signal
The issue fee payment should be viewed as a signal to take immediate action, not as a last-minute task. Instead of waiting until the last moment, applicants should be proactive and take time to file any necessary applications well ahead of the fee payment deadline. Procrastination can lead to missed opportunities.
Why the Change Matters
The USPTO’s decision to tighten this filing window is likely a response to the growing complexity of the patent process and the increasing speed at which innovation is occurring.
For applicants, however, this presents a new set of challenges. The need for quick decision-making and a more nimble approach to patent strategy has never been more important. Companies will need to ensure their patent portfolios are managed with greater efficiency and foresight. In particular, patent attorneys and in-house counsel will need to be highly organized to ensure that crucial filings are made within the shortened timeline.
The Bottom Line: Speed and Preparation Are Key
The new rule that takes effect on May 13, 2025, is a significant change that will impact the way patent applicants file continuation and divisional applications. With only one week between paying the issue fee and the patent issuing, applicants must be prepared to act quickly to protect additional claims or inventions.
The smartest strategy is to file continuation and divisional applications before paying the issue fee, giving applicants more time to review and finalize their filing strategy. By setting internal deadlines, planning ahead, and treating the issue fee payment as a cue to take immediate action, patent applicants can ensure they are not caught off guard by the new, shorter timeline.
In the world of patent law, timing is everything—and starting May 2025, those who act early will be best positioned to navigate the new filing requirements.
For those familiar with the process, this may feel like a significant shift. Previously, applicants had a comfortable amount of time to make key decisions regarding the filing of continuation or divisional applications after paying the issue fee. This period, although not extensive, offered ample opportunity to consider further filings and get the necessary paperwork in order. Now, with the new timeline, applicants will have to act quickly or risk missing the opportunity to file these crucial applications before the parent patent officially issues.
A Major Change for Continuation and Divisional Filings
For those in the patent world, continuation and divisional applications are powerful tools used to refine, expand, or protect different aspects of an invention disclosed in the original patent application. These tools allow applicants to pursue additional claims or protect additional inventions within the same family of patents.
This might happen if an applicant wants broader protection or if new claims emerge that were not included in the original application. A continuation application essentially gives the applicant another opportunity to further develop the patent without starting the process from scratch.
Divisionals, on the other hand, are filed when the USPTO requests the applicant to divide the original application into separate filings because the application covers more than one invention. This is typically seen in cases where the original application is too broad or contains more than one distinct invention.
The critical detail here is that both continuation and divisional applications must be filed before the parent patent is granted. Once the patent issues, the opportunity to file such applications is largely closed, and reopening prosecution after issuance can be costly and difficult.
The New Deadline: A Week to Act
Historically, applicants had about three weeks, sometimes longer, to file continuation or divisional applications after paying the issue fee. This gave them time to review their options, consult with colleagues or patent attorneys, and finalize their strategy before the patent officially issued.
However, with the new rule coming into effect on May 13, 2025, applicants will have only one week between paying the issue fee and the patent issuing. This means the timeline for making decisions has been drastically compressed. The issue fee, which is typically paid after receiving a Notice of Allowance from the USPTO, serves as an indication that the patent is about to be granted. With the tighter timeline, applicants must be ready to act quickly to file continuation or divisional applications—or risk missing the opportunity altogether.
For patent professionals who file these types of applications regularly, this change represents a considerable shift in workflow. The new rule is likely to require better planning, quicker decision-making, and perhaps even a shift in internal procedures to ensure applications are filed on time.
Best Practices for Navigating the Change
While the new rule presents challenges, there are several best practices that applicants can adopt to ensure they stay ahead of the game:
File Before Paying the Issue Fee
This gives ample time to review the strategy and decide on any additional filings. Filing before paying the issue fee ensures that applicants can secure their desired protection without the stress of a shortened timeline.
Incorporate Continuation and Divisional Discussions into the Review Process
Patent applicants should include discussions of continuation and divisional strategies as part of their regular Notice of Allowance review. This can involve consulting with patent attorneys, revisiting claims, and carefully evaluating whether additional applications are necessary.
Set Internal Deadlines
This gives teams time to deliberate and take a more measured approach to filings, without the added pressure of an approaching deadline.
Treat the Issue Fee as a Warning Signal
The issue fee payment should be viewed as a signal to take immediate action, not as a last-minute task. Instead of waiting until the last moment, applicants should be proactive and take time to file any necessary applications well ahead of the fee payment deadline. Procrastination can lead to missed opportunities.
Why the Change Matters
The USPTO’s decision to tighten this filing window is likely a response to the growing complexity of the patent process and the increasing speed at which innovation is occurring.
For applicants, however, this presents a new set of challenges. The need for quick decision-making and a more nimble approach to patent strategy has never been more important. Companies will need to ensure their patent portfolios are managed with greater efficiency and foresight. In particular, patent attorneys and in-house counsel will need to be highly organized to ensure that crucial filings are made within the shortened timeline.
The Bottom Line: Speed and Preparation Are Key
The new rule that takes effect on May 13, 2025, is a significant change that will impact the way patent applicants file continuation and divisional applications. With only one week between paying the issue fee and the patent issuing, applicants must be prepared to act quickly to protect additional claims or inventions.
The smartest strategy is to file continuation and divisional applications before paying the issue fee, giving applicants more time to review and finalize their filing strategy. By setting internal deadlines, planning ahead, and treating the issue fee payment as a cue to take immediate action, patent applicants can ensure they are not caught off guard by the new, shorter timeline.
In the world of patent law, timing is everything—and starting May 2025, those who act early will be best positioned to navigate the new filing requirements.
India Sees 310% Rise in Patent Filings by Startups and MSMEs in Last Five Years
India has witnessed an extraordinary increase in patent filings by startups and micro, small, and medium enterprises (MSMEs), with data revealing a 310% growth over the past five years. This surge underscores the country’s growing focus on innovation, research, and intellectual property protection among emerging businesses.
According to recent government and industry data, this dramatic rise in patent activity reflects the effectiveness of initiatives aimed at nurturing a robust innovation ecosystem. Supportive policies, such as reduced filing fees, fast-track examination processes, and government-backed awareness programs, have played a critical role in encouraging smaller enterprises and startups to safeguard their inventions.
Experts believe that the increasing participation of startups and MSMEs in patenting not only signals a maturing entrepreneurial landscape but also positions India as a rising innovation hub on the global stage.
Government officials have noted that this trend aligns with the vision of making India self-reliant and technology-driven. The growing number of intellectual property filings by smaller players is also contributing to job creation, export potential, and overall economic growth.
The momentum is expected to continue as more early-stage ventures recognize the strategic value of protecting their intellectual property, particularly in sectors such as artificial intelligence, healthcare, clean energy, and digital technologies.
According to recent government and industry data, this dramatic rise in patent activity reflects the effectiveness of initiatives aimed at nurturing a robust innovation ecosystem. Supportive policies, such as reduced filing fees, fast-track examination processes, and government-backed awareness programs, have played a critical role in encouraging smaller enterprises and startups to safeguard their inventions.
Experts believe that the increasing participation of startups and MSMEs in patenting not only signals a maturing entrepreneurial landscape but also positions India as a rising innovation hub on the global stage.
Government officials have noted that this trend aligns with the vision of making India self-reliant and technology-driven. The growing number of intellectual property filings by smaller players is also contributing to job creation, export potential, and overall economic growth.
The momentum is expected to continue as more early-stage ventures recognize the strategic value of protecting their intellectual property, particularly in sectors such as artificial intelligence, healthcare, clean energy, and digital technologies.
India Strengthens Its Global Standing in AI and Patent Innovation: Nasscom’s Patent Pulse 2025 Report
As World Intellectual Property (IP) Day is observed globally, India has emerged as a prominent player in the international innovation ecosystem.
India maintained its rank as the fifth-largest patent filer worldwide in FY24, with over 90,000 patents submitted—a milestone marking seven consecutive years of growth. A notable portion of these patents, more than 25%, are linked to AI technologies, underlining India’s growing reputation as a center for advanced technological development.
The report also reveals a steady rise in the country’s innovation output. India’s patent-to-GDP ratio more than doubled in a decade, increasing from 144 in 2013 to 381 in 2023. Additionally, India’s share in global patent grants grew from 1.7% in 2022 to 3.8% in 2023—a 149% year-on-year increase.
For the first time, the number of granted patents in India crossed 100,000 in FY24, indicating both enhanced operational efficiency at the Indian Patent Office and an improvement in the quality of applications. A growing share of these filings—over 55%—were submitted by Indian residents, compared to 52.3% the previous year. Contributions from startups, academic institutions, and small and medium enterprises (SMEs) are playing an increasingly vital role, showing a broadening base of innovation.
Artificial Intelligence remains a major driver of this progress. Since 2010, India has filed more than 86,000 AI-related patents, with filings between 2021 and 2025 rising seven times compared to the 2010–2015 period. Indian entities were responsible for 63% of these filings, signaling strong domestic innovation leadership in AI.
Machine Learning (ML) continues to dominate AI-related patents, accounting for over half of them. Within ML, Generative AI (GenAI) has become a significant focus area. In India, GenAI makes up 28% of AI patents, far exceeding the global average of just 6%, placing the country among the top five globally in this space.
Key sectors driving AI patent activity include transportation, which accounts for more than 70% of AI filings, as well as computer vision and natural language processing, which together represent over 90% of India’s AI-related patents.
India’s grant rate for AI patents stands at only 0.37%, significantly behind global leaders such as the United States and China. The gap is even wider in academia, where the approval rate is just 1%, compared to 40% for corporate applicants.
This gap reflects the need for improved research capabilities, stronger institutional support, and a greater emphasis on producing high-quality intellectual property.
Rajesh Nambiar, President of Nasscom, recognized India’s progress but emphasized that more work is needed. “While the increase in filings and patent office responsiveness are encouraging, delays in approvals and inconsistent patent quality remain barriers to matching global benchmarks,” he stated.
To support ongoing improvements, Nasscom has introduced the IP Enablement Initiative. This program aims to boost IP literacy and infrastructure across academia, startups, and industry. It also calls for policy reforms and a cultural shift to encourage innovation and higher-quality IP creation nationwide.
India maintained its rank as the fifth-largest patent filer worldwide in FY24, with over 90,000 patents submitted—a milestone marking seven consecutive years of growth. A notable portion of these patents, more than 25%, are linked to AI technologies, underlining India’s growing reputation as a center for advanced technological development.
The report also reveals a steady rise in the country’s innovation output. India’s patent-to-GDP ratio more than doubled in a decade, increasing from 144 in 2013 to 381 in 2023. Additionally, India’s share in global patent grants grew from 1.7% in 2022 to 3.8% in 2023—a 149% year-on-year increase.
For the first time, the number of granted patents in India crossed 100,000 in FY24, indicating both enhanced operational efficiency at the Indian Patent Office and an improvement in the quality of applications. A growing share of these filings—over 55%—were submitted by Indian residents, compared to 52.3% the previous year. Contributions from startups, academic institutions, and small and medium enterprises (SMEs) are playing an increasingly vital role, showing a broadening base of innovation.
Artificial Intelligence remains a major driver of this progress. Since 2010, India has filed more than 86,000 AI-related patents, with filings between 2021 and 2025 rising seven times compared to the 2010–2015 period. Indian entities were responsible for 63% of these filings, signaling strong domestic innovation leadership in AI.
Machine Learning (ML) continues to dominate AI-related patents, accounting for over half of them. Within ML, Generative AI (GenAI) has become a significant focus area. In India, GenAI makes up 28% of AI patents, far exceeding the global average of just 6%, placing the country among the top five globally in this space.
Key sectors driving AI patent activity include transportation, which accounts for more than 70% of AI filings, as well as computer vision and natural language processing, which together represent over 90% of India’s AI-related patents.
India’s grant rate for AI patents stands at only 0.37%, significantly behind global leaders such as the United States and China. The gap is even wider in academia, where the approval rate is just 1%, compared to 40% for corporate applicants.
This gap reflects the need for improved research capabilities, stronger institutional support, and a greater emphasis on producing high-quality intellectual property.
Rajesh Nambiar, President of Nasscom, recognized India’s progress but emphasized that more work is needed. “While the increase in filings and patent office responsiveness are encouraging, delays in approvals and inconsistent patent quality remain barriers to matching global benchmarks,” he stated.
To support ongoing improvements, Nasscom has introduced the IP Enablement Initiative. This program aims to boost IP literacy and infrastructure across academia, startups, and industry. It also calls for policy reforms and a cultural shift to encourage innovation and higher-quality IP creation nationwide.
Ola Group Leads India’s Deep-Tech Charge with Unmatched Patent Portfolio
Ola Group, which operates across ride-hailing, electric mobility, and artificial intelligence, has emerged as a technological frontrunner among India’s startups. The company now holds more than 50% of all patents filed by India’s 117 unicorns, according to data from the Indian Patent Advanced Search (IPAS) System.
Collectively, Indian unicorns have filed just 229 patents—highlighting a relatively modest focus on intellectual property within the startup ecosystem. In contrast, the Ola Group alone has filed over 650 patent applications, with 180 already approved. The majority of these filings come from Ola Electric, the EV-focused arm of the group, which contributes nearly 70-80% of the total.
Ola’s founder, Bhavish Aggarwal, recently commented on the milestone via a post on X (formerly Twitter), stating:
Despite this achievement, 101 of the 117 unicorns in India have reportedly not filed a single patent, underscoring a broader trend of prioritizing market growth and valuations over core technology development.
Leading India’s Deep-Tech Push
In FY23 alone, Ola Electric filed 205 patents, making it the top EV patent filer in India. These filings cover a wide range of areas, including battery technology, vehicle software, artificial intelligence, and advanced safety systems.
Ola Electric has also significantly increased its investment in research and development. The company spent ₹507 crore on R&D in FY23—amounting to 19.3% of its total revenue, a dramatic rise from ₹175 crore the previous year. Looking ahead, the company plans to invest ₹1,600 crore in R&D over FY25 to FY27.
But 650 applied patents is not enough — we’ll be accelerating innovation even more in the coming years!”
Global IP Footprint
Ola’s innovation drive extends beyond India. The group has also secured patents in key international markets, including the United States, United Kingdom, Japan, China, and Australia—strengthening its position as a globally competitive tech enterprise.
At a time when much of India’s startup scene remains focused on rapid scale and consumer acquisition, Ola’s focus on proprietary technology and IP development sets it apart as a leader in India’s emerging deep-tech economy.
Collectively, Indian unicorns have filed just 229 patents—highlighting a relatively modest focus on intellectual property within the startup ecosystem. In contrast, the Ola Group alone has filed over 650 patent applications, with 180 already approved. The majority of these filings come from Ola Electric, the EV-focused arm of the group, which contributes nearly 70-80% of the total.
Ola’s founder, Bhavish Aggarwal, recently commented on the milestone via a post on X (formerly Twitter), stating:
Despite this achievement, 101 of the 117 unicorns in India have reportedly not filed a single patent, underscoring a broader trend of prioritizing market growth and valuations over core technology development.
Leading India’s Deep-Tech Push
In FY23 alone, Ola Electric filed 205 patents, making it the top EV patent filer in India. These filings cover a wide range of areas, including battery technology, vehicle software, artificial intelligence, and advanced safety systems.
Ola Electric has also significantly increased its investment in research and development. The company spent ₹507 crore on R&D in FY23—amounting to 19.3% of its total revenue, a dramatic rise from ₹175 crore the previous year. Looking ahead, the company plans to invest ₹1,600 crore in R&D over FY25 to FY27.
But 650 applied patents is not enough — we’ll be accelerating innovation even more in the coming years!”
Global IP Footprint
Ola’s innovation drive extends beyond India. The group has also secured patents in key international markets, including the United States, United Kingdom, Japan, China, and Australia—strengthening its position as a globally competitive tech enterprise.
At a time when much of India’s startup scene remains focused on rapid scale and consumer acquisition, Ola’s focus on proprietary technology and IP development sets it apart as a leader in India’s emerging deep-tech economy.
USPTO Suspends Expedited Examination for Design Applications Amid Fraud Concerns and Case Backlog
In a decisive move aimed at improving efficiency and safeguarding the integrity of the U.S. intellectual property system, the United States Patent and Trademark Office (USPTO) has announced the suspension of expedited examination for design patent applications, effective April 17, 2025. The policy change was officially detailed in a notice published in the USPTO’s Official Gazette on April 14.
The decision comes in response to a 560% surge in requests for expedited design application reviews—a trend the USPTO attributes in large part to a rise in fraudulent filings. This suspension is part of a broader strategy to reduce the growing inventory of unexamined design applications, curb misuse of the system, and ensure accurate and fair processing for legitimate applicants.
Key Reasons Behind the Suspension
According to the USPTO, the unexpected spike in expedited examination requests has placed significant pressure on examiners and contributed to increased backlogs in the design application pipeline. Much of this rise, the agency notes, is linked to fraudulent filings, which not only distort processing timelines but also pose risks to the integrity of the U.S. intellectual property system.
The USPTO also cites a rise in erroneous micro entity certifications—false claims to fee discounts intended for small applicants—as a factor in its decision. These certifications have become a growing concern in recent years, complicating the patent review process and necessitating additional scrutiny.
What the Suspension Means for Applicants
Starting April 17, 2025, the USPTO will no longer grant requests for expedited examination of design applications, including any renewed or pending requests submitted on or after that date. In line with this change:
Associated fees will be refunded in full for requests made after the effective date.
The USPTO will continue to examine design applications under its standard timeline, as it works to reduce overall pendency and inventory.
Impact on the Design Patent Community
The suspension will have a notable impact on companies and individuals relying on faster design patent protection for products with short market cycles, particularly in sectors like fashion, consumer electronics, and packaging design. However, the USPTO maintains that ensuring quality and transparency in the application process outweighs the short-term disruption caused by the policy shift.
Industry analysts suggest that while the suspension may create delays for some innovators, the move is likely to improve the reliability and credibility of granted design patents in the long run, which is critical for both domestic and international enforcement.
Broader Reform Efforts
This policy change is one component of the USPTO’s wider agenda to combat abuse and strengthen the integrity of the IP system. The office has been ramping up enforcement against fraudulent filings, improving data analytics to detect suspicious activity, and refining procedures for certifying applicant eligibility for reduced fees.
The USPTO also continues to explore new technologies and staffing solutions to address examination delays and ensure legitimate applications are processed efficiently.
Biodegradable Plastics Enter the Mainstream as Global Patent Race Heats Up, Says Questel Report
With plastic pollution reaching critical levels, a growing number of innovators and companies are racing to develop sustainable alternatives. A new patent landscape analysis from Questel, led by chemistry specialist and business intelligence consultant Donia Ben Zakour, offers a comprehensive look into the evolving world of biodegradable plastics—and the findings suggest a wave of green innovation is gaining serious momentum.
A Growing Crisis Demands a Sustainable Response
Conventional plastics have become synonymous with environmental harm. Every year, an estimated 12.7 million tonnes of plastic waste enter the oceans. Meanwhile, only 9% of all plastic ever produced has been recycled. As global concern deepens, the spotlight is turning to biodegradable plastics as a promising solution.
What Are Biodegradable Plastics—and Why Do They Matter?
Biodegradable plastics are engineered to degrade through microbial activity, breaking down into natural substances such as carbon dioxide, water, and biomass within a defined timeframe. These materials, which include polylactic acid (PLA), polyhydroxyalkanoates (PHA), and starch-based compounds, are particularly suited for single-use applications like packaging.
Their chemical structures and environmental degradability make them a vital alternative in sectors looking to cut their plastic footprint.
The Patent Landscape: Questel’s Key Findings
Questel’s in-depth analysis examines more than 9,000 patent families related to biodegradable plastics filed over the past two decades (excluding Chinese non-extended patents). It provides valuable insights into trends in innovation, market leaders, and regional activity.
📈 Patent Filing Trends (2005–2023)
2005–2018: Patent activity was relatively steady, with 200–300 new filings annually. However, many early patents are now considered “dead” due to abandonment or expiration.
2015–2023: A dramatic surge in activity, particularly from 2018 onward, saw annual filings exceed 1,000 by 2021. The growing number of “pending” applications reflects a vibrant pipeline of new technologies.
Filings from 2024 and 2025 appear lower but are likely underreported due to the standard 18-month delay between filing and publication.
🌍 Geographical Hotspots
Patent data shows that innovation is concentrated in Japan, South Korea, and the United States. These regions account for the majority of first-priority filings:
Japan was an early leader but saw a lull before a recent rebound.
South Korea took the lead after 2018, driven by aggressive R&D from major firms.
India is emerging as a noteworthy player, while Europe maintains consistent, though fragmented, contributions.
🏢 Leading Innovators in the Space
Top contributors include:
LG Chem – developing bio-based polymers for industrial and packaging use.
Hyundai Motor – incorporating biodegradable materials into vehicle interiors.
CJ CheilJedang – advancing PHA-based biodegradable plastic technologies for a wide range of applications.
⚙️ Key Technologies and Manufacturing Processes
Dominant areas of innovation include:
Core materials: PLA, PHA, starch-based bioplastics, biodegradable polyesters.
Processing methods: Injection molding, extrusion, and polymer blending.
Real-World Adoption and the Push for Sustainability
Biodegradable plastics are increasingly making the leap from labs to commercial shelves. Global brands are actively seeking replacements for conventional plastics in packaging, while automotive and electronics industries are integrating biodegradable materials into their design and production processes.
Zakour emphasizes that this movement reflects more than just a trend—it’s a systemic shift in how innovation meets sustainability. “We’re witnessing a convergence of environmental responsibility, regulatory pressure, and consumer demand,” she explains. “Biodegradable plastics are now seen not just as an alternative, but as a necessity for sustainable growth.”
Looking Ahead
Despite economic uncertainties and regulatory complexity, Questel’s report points to a dynamic and competitive innovation landscape. With global filings surging and real-world applications expanding, biodegradable plastics are rapidly becoming a key pillar of environmental strategy for forward-thinking companies.
The global patent race is far from over—but one thing is clear: the future of plastic is biodegradable.
A Growing Crisis Demands a Sustainable Response
Conventional plastics have become synonymous with environmental harm. Every year, an estimated 12.7 million tonnes of plastic waste enter the oceans. Meanwhile, only 9% of all plastic ever produced has been recycled. As global concern deepens, the spotlight is turning to biodegradable plastics as a promising solution.
What Are Biodegradable Plastics—and Why Do They Matter?
Biodegradable plastics are engineered to degrade through microbial activity, breaking down into natural substances such as carbon dioxide, water, and biomass within a defined timeframe. These materials, which include polylactic acid (PLA), polyhydroxyalkanoates (PHA), and starch-based compounds, are particularly suited for single-use applications like packaging.
Their chemical structures and environmental degradability make them a vital alternative in sectors looking to cut their plastic footprint.
The Patent Landscape: Questel’s Key Findings
Questel’s in-depth analysis examines more than 9,000 patent families related to biodegradable plastics filed over the past two decades (excluding Chinese non-extended patents). It provides valuable insights into trends in innovation, market leaders, and regional activity.
📈 Patent Filing Trends (2005–2023)
2005–2018: Patent activity was relatively steady, with 200–300 new filings annually. However, many early patents are now considered “dead” due to abandonment or expiration.
2015–2023: A dramatic surge in activity, particularly from 2018 onward, saw annual filings exceed 1,000 by 2021. The growing number of “pending” applications reflects a vibrant pipeline of new technologies.
Filings from 2024 and 2025 appear lower but are likely underreported due to the standard 18-month delay between filing and publication.
🌍 Geographical Hotspots
Patent data shows that innovation is concentrated in Japan, South Korea, and the United States. These regions account for the majority of first-priority filings:
Japan was an early leader but saw a lull before a recent rebound.
South Korea took the lead after 2018, driven by aggressive R&D from major firms.
India is emerging as a noteworthy player, while Europe maintains consistent, though fragmented, contributions.
🏢 Leading Innovators in the Space
Top contributors include:
LG Chem – developing bio-based polymers for industrial and packaging use.
Hyundai Motor – incorporating biodegradable materials into vehicle interiors.
CJ CheilJedang – advancing PHA-based biodegradable plastic technologies for a wide range of applications.
⚙️ Key Technologies and Manufacturing Processes
Dominant areas of innovation include:
Core materials: PLA, PHA, starch-based bioplastics, biodegradable polyesters.
Processing methods: Injection molding, extrusion, and polymer blending.
Real-World Adoption and the Push for Sustainability
Biodegradable plastics are increasingly making the leap from labs to commercial shelves. Global brands are actively seeking replacements for conventional plastics in packaging, while automotive and electronics industries are integrating biodegradable materials into their design and production processes.
Zakour emphasizes that this movement reflects more than just a trend—it’s a systemic shift in how innovation meets sustainability. “We’re witnessing a convergence of environmental responsibility, regulatory pressure, and consumer demand,” she explains. “Biodegradable plastics are now seen not just as an alternative, but as a necessity for sustainable growth.”
Looking Ahead
Despite economic uncertainties and regulatory complexity, Questel’s report points to a dynamic and competitive innovation landscape. With global filings surging and real-world applications expanding, biodegradable plastics are rapidly becoming a key pillar of environmental strategy for forward-thinking companies.
The global patent race is far from over—but one thing is clear: the future of plastic is biodegradable.
China Sees Sharp Decline in Invention Patent Grants in Q1 2025, Reflecting Shift Toward Patent Quality Over Quantity
China’s National Intellectual Property Administration (CNIPA) released new statistics on April 15, 2025, revealing a significant decline in invention patent grants during the first quarter of the year. According to the official data, the number of invention patents granted between January and March 2025 dropped by 20.99% year-on-year, amounting to a reduction of 52,870 patents, with a total of 199,012 invention patents granted during the period.
The downward trend was not isolated to invention patents alone. Utility model grants, another category of intellectual property protection frequently used in China, also saw a marginal decline of 2.33%, decreasing by 11,032 grants compared to the first quarter of 2024, bringing the total to 408,419 utility model grants.
However, in contrast to the broader decline, design patent grants recorded a notable increase. The CNIPA reported a 10.11% year-on-year growth, with 161,058 design patents granted in Q1 2025—an increase of 14,788 grants compared to the same period last year.
Trademark Registrations Also Down
The downturn extended into trademark registrations. From January to March 2025, the number of new trademarks registered in China fell by 193,996, reflecting a 14.97% decline compared to the first quarter of 2024. This slump may reflect broader economic uncertainties or shifts in business activity.
Factors Behind the Decline
While CNIPA has not issued an official explanation for the steep decline in invention patent grants, several contributing factors appear to be at play—chief among them, China’s evolving strategy around intellectual property quality and enforcement.
End of Patent Subsidies: Government subsidies for patent grants, once a major driver behind China’s patent filing boom, have officially ended in 2025. This move was aimed at reducing low-quality and opportunistic filings.
Crackdown on “Abnormal” Applications: Chinese authorities have continued to intensify scrutiny on fraudulent or low-value patent applications. This regulatory push has likely discouraged mass filing practices that previously inflated patent figures.
Shift Toward High-Value Patents: China has reoriented its IP strategy from emphasizing sheer volume to focusing on the number of high-value patents per 10,000 people, moving away from raw patent filing counts as the primary performance metric.
In addition, the broader slowdown in China’s economy may be influencing innovation output and intellectual property activity. However, due to the nature of patent processing timelines, such effects may manifest with a delay, making patent grants a lagging indicator of underlying economic trends.
Long-Term Outlook Remains Ambitious
Despite the recent decline, CNIPA’s 2025 budget signals continued confidence in long-term innovation momentum. The agency expects to receive over 5 million patent applications this year and plans to examine more than 2 million invention patent applications. These targets reflect China’s sustained investment in intellectual property infrastructure and commitment to fostering innovation at scale.
The full dataset, published in Chinese under the title “2025年3月国家知识产权局审查注册登记统计月报（外部版)”, offers a detailed monthly breakdown of IP activity and can be accessed through CNIPA’s official platform.
As China continues to prioritize patent quality and reform its intellectual property system, the first quarter data may represent more than just a temporary dip—it could signal a lasting transformation in how innovation is measured and rewarded in the world’s second-largest economy.
The downward trend was not isolated to invention patents alone. Utility model grants, another category of intellectual property protection frequently used in China, also saw a marginal decline of 2.33%, decreasing by 11,032 grants compared to the first quarter of 2024, bringing the total to 408,419 utility model grants.
However, in contrast to the broader decline, design patent grants recorded a notable increase. The CNIPA reported a 10.11% year-on-year growth, with 161,058 design patents granted in Q1 2025—an increase of 14,788 grants compared to the same period last year.
Trademark Registrations Also Down
The downturn extended into trademark registrations. From January to March 2025, the number of new trademarks registered in China fell by 193,996, reflecting a 14.97% decline compared to the first quarter of 2024. This slump may reflect broader economic uncertainties or shifts in business activity.
Factors Behind the Decline
While CNIPA has not issued an official explanation for the steep decline in invention patent grants, several contributing factors appear to be at play—chief among them, China’s evolving strategy around intellectual property quality and enforcement.
End of Patent Subsidies: Government subsidies for patent grants, once a major driver behind China’s patent filing boom, have officially ended in 2025. This move was aimed at reducing low-quality and opportunistic filings.
Crackdown on “Abnormal” Applications: Chinese authorities have continued to intensify scrutiny on fraudulent or low-value patent applications. This regulatory push has likely discouraged mass filing practices that previously inflated patent figures.
Shift Toward High-Value Patents: China has reoriented its IP strategy from emphasizing sheer volume to focusing on the number of high-value patents per 10,000 people, moving away from raw patent filing counts as the primary performance metric.
In addition, the broader slowdown in China’s economy may be influencing innovation output and intellectual property activity. However, due to the nature of patent processing timelines, such effects may manifest with a delay, making patent grants a lagging indicator of underlying economic trends.
Long-Term Outlook Remains Ambitious
Despite the recent decline, CNIPA’s 2025 budget signals continued confidence in long-term innovation momentum. The agency expects to receive over 5 million patent applications this year and plans to examine more than 2 million invention patent applications. These targets reflect China’s sustained investment in intellectual property infrastructure and commitment to fostering innovation at scale.
The full dataset, published in Chinese under the title “2025年3月国家知识产权局审查注册登记统计月报（外部版)”, offers a detailed monthly breakdown of IP activity and can be accessed through CNIPA’s official platform.
As China continues to prioritize patent quality and reform its intellectual property system, the first quarter data may represent more than just a temporary dip—it could signal a lasting transformation in how innovation is measured and rewarded in the world’s second-largest economy.
USPTO Streamlines Patent Issuance Timeline with Faster Turnaround Starting May 13
In a move that promises to bring greater efficiency to the U.S. patent system, the United States Patent and Trademark Office (USPTO) has announced a major update to its patent issuance process.
This improvement marks a significant shift in the patenting landscape, providing faster legal recognition of inventions and reducing administrative lag for both individual inventors and companies awaiting protection for their intellectual property.
Transition to Digital Patent Grants Accelerates the Process
The accelerated timeline has been made possible in large part due to the USPTO’s adoption of electronic patent grants (eGrants). With the USPTO now fully transitioned to digital issuance, those time-consuming steps have been eliminated, allowing for quicker finalization of granted patents.
The agency has stated that, once all requirements are met and the Issue Fee is paid, inventors typically receive an Issue Notification within one to two weeks. Under the new process, the formal patent will be granted just two weeks after this notification, as opposed to the previous three-week standard.
Benefits for Inventors and Legal Professionals
This change not only shortens the waiting period for inventors eager to see their rights formally granted, but it also has strategic legal benefits. The reduced timeline cuts down the so-called “lame duck” period—a window of time during which inventors and their legal counsel are still required to submit any known prior art that might affect the patent’s validity. During this period, submissions of relevant information could cause delays in issuance.
By shortening this window, the USPTO effectively reduces the likelihood of last-minute delays caused by prior art disclosures, allowing for smoother and more predictable patent finalizations.
A Win for Innovation and IP Management
The streamlined process is being welcomed by the patent community as a step in the right direction. Faster issuance allows inventors to enforce their rights sooner, boosts the value of patent portfolios more quickly, and provides an advantage to companies working in fast-moving sectors such as technology, pharmaceuticals, and biotech.
“This is a smart move by the USPTO,” said a patent attorney at a Washington-based IP law firm. “In a time where speed to market can make or break an invention’s commercial potential, cutting down unnecessary administrative lag can be a game-changer.”
Looking Ahead
The USPTO has been steadily modernizing its systems to better serve inventors, including the roll-out of digital filing systems, the modernization of examiner tools, and now this reduction in issuance lag. These changes reflect the agency’s ongoing commitment to streamlining operations while maintaining high standards for patent examination and grant quality.
As of May 13, inventors who receive their issue notifications can expect to see their patents granted just two weeks later—giving them the legal recognition and rights they’ve earned, faster than ever before.
This improvement marks a significant shift in the patenting landscape, providing faster legal recognition of inventions and reducing administrative lag for both individual inventors and companies awaiting protection for their intellectual property.
Transition to Digital Patent Grants Accelerates the Process
The accelerated timeline has been made possible in large part due to the USPTO’s adoption of electronic patent grants (eGrants). With the USPTO now fully transitioned to digital issuance, those time-consuming steps have been eliminated, allowing for quicker finalization of granted patents.
The agency has stated that, once all requirements are met and the Issue Fee is paid, inventors typically receive an Issue Notification within one to two weeks. Under the new process, the formal patent will be granted just two weeks after this notification, as opposed to the previous three-week standard.
Benefits for Inventors and Legal Professionals
This change not only shortens the waiting period for inventors eager to see their rights formally granted, but it also has strategic legal benefits. The reduced timeline cuts down the so-called “lame duck” period—a window of time during which inventors and their legal counsel are still required to submit any known prior art that might affect the patent’s validity. During this period, submissions of relevant information could cause delays in issuance.
By shortening this window, the USPTO effectively reduces the likelihood of last-minute delays caused by prior art disclosures, allowing for smoother and more predictable patent finalizations.
A Win for Innovation and IP Management
The streamlined process is being welcomed by the patent community as a step in the right direction. Faster issuance allows inventors to enforce their rights sooner, boosts the value of patent portfolios more quickly, and provides an advantage to companies working in fast-moving sectors such as technology, pharmaceuticals, and biotech.
“This is a smart move by the USPTO,” said a patent attorney at a Washington-based IP law firm. “In a time where speed to market can make or break an invention’s commercial potential, cutting down unnecessary administrative lag can be a game-changer.”
Looking Ahead
The USPTO has been steadily modernizing its systems to better serve inventors, including the roll-out of digital filing systems, the modernization of examiner tools, and now this reduction in issuance lag. These changes reflect the agency’s ongoing commitment to streamlining operations while maintaining high standards for patent examination and grant quality.
As of May 13, inventors who receive their issue notifications can expect to see their patents granted just two weeks later—giving them the legal recognition and rights they’ve earned, faster than ever before.
Tata Motors Achieves Record IP Milestone with 250 Patent Filings in FY25, Focuses on Future Mobility
Tata Motors, India’s leading automotive manufacturer, announced on Thursday that it has achieved a record-breaking milestone in intellectual property filings, with 250 patents and 148 design applications submitted during FY2024-25, the highest in the company’s history for a single financial year.
In a statement highlighting its innovation-driven strategy, Tata Motors emphasized that these filings span a wide array of product and process innovations that align with key global automotive megatrends — Connectivity, Electrification, Sustainability, and Safety (CESS) — along with next-generation technologies such as hydrogen-powered vehicles and fuel cell systems.
Innovations Driving the Future of Mobility
The patents and design applications represent advancements across core automotive systems, including:
Battery technology
Powertrain systems
Vehicle body and trim
Suspension and braking systems
Heating, ventilation, and air conditioning (HVAC)
Emission control technologies
These innovations are part of Tata Motors’ broader commitment to creating sustainable and intelligent mobility solutions, reinforcing its position at the forefront of India’s transition to green and connected transportation.
Strengthening IP Portfolio
In addition to the patent and design filings, Tata Motors also submitted 81 copyright applications and secured 68 patent grants in the fiscal year, bringing the company’s total granted patents to 918 — a substantial number underscoring its deep focus on research and development.
“Our growing portfolio of pioneering technologies demonstrates our steadfast commitment to nation-building through cutting-edge automotive solutions,” said Rajendra Petkar, President and Chief Technology Officer, Tata Motors. “We continue to invest in future-ready technologies that not only meet customer needs but also support environmental goals.”
Commitment to R&D and Innovation
The company’s FY25 filings reflect its ongoing investment in R&D and advanced engineering, with a strong emphasis on decarbonization, intelligent vehicle architecture, and alternative fuels.
Tata Motors has been a key contributor to India’s electric mobility revolution, with its EV offerings gaining substantial traction in both passenger and commercial segments. The company is also actively exploring hydrogen internal combustion engines and fuel cell electric vehicle (FCEV) technologies, in line with the government’s push for a diversified clean mobility strategy.
Vision for the Future
Looking forward, Tata Motors reiterated its long-term vision to shape the future of mobility, catering to the evolving expectations of modern consumers and contributing to sustainable community development.
“Our efforts are rooted in anticipating the future and delivering innovations that transform the way India moves,” added Petkar.
With this significant leap in intellectual property filings, Tata Motors not only reinforces its innovation leadership in the Indian automotive sector but also demonstrates its growing influence on the global stage, where technological IP is becoming a key differentiator in the race toward next-gen mobility.