Patent granted in India to TELEFONAKTIEBOLAGET L M ERICSSON (PUBL)

As per patent office journal dated 16/07/2021, patent number 371502 has been granted to TELEFONAKTIEBOLAGET L M ERICSSON (PUBL) that is titled PASSIVE OPTICAL NETWORKS AND METHOD OF CONFIGURING TRANSMISSION WAVELENGTHS THEREIN. The primary independent claim of this patent states a method of configuring transmission wavelengths in a passive optical network comprising a wavelength selective routing element between first and second locations. The method further includes selecting a correct wavelength for transmitting a first optical signal from the first location to the second location by generating and transmitting the first optical signal at different wavelengths until a second optical signal is received at the first location and then transmission of  the first optical signal for a first time period is ceased and and then recommenced at the said selected correct wavelength being transmitted after the second optical signal was received. Further, at the second location, remote from the first location, waiting until the first optical signal is received at the second location and then  selecting a correct wavelength for transmitting a second optical signal from the second location to the first location by generating and transmitting the second optical signal at different wavelengths until the first optical signal is no longer received at the second location. Further, maintaining generation and transmission of the second optical signal at the said selected correct wavelength being transmitted after the first optical signal was no longer received.

During the patent prosecution, the patent examiner objected to this patent under section 3(k) of the Indian Patents Act. The patent applicant responded to this objection by stating that a computer-related invention that achieves a technical effect whether by means of hardware or software cannot be regarded as an algorithm. Applicant further relies on  the case of Ericsson vs. Lava wherein it has been held that inventions which result in technical advancement and have technical effect are patentable. The claimed invention provides a technical solution to a technical problem by enabling the respective transmission wavelengths to be configured at two locations within a PON using only layer 1 (physical layer) signaling and without requiring any handshake between the first and second locations. The claimed technical solution also leads to technical advancement by controlling the power consumption within the PON since the second optical transmitter is only operated following receipt of the first optical signal. Therefore, it is evident that the claimed invention does not fall under the purview of section 3(k) of the Patents Act.

This patent falls under the category of Communication. Overall, this patent covers a method that includes generating and transmitting a first optical signal at different ones of different wavelengths until a second optical signal is received at the first location. Further, the transmission of the first optical signal ceased and recommencing of the transmission of first optical signal at the wavelength being transmitted after the second optical signal was received. Furthermore, at a second location, remote from the first location waiting until the first optical signal is received at the second location, generating and transmitting the second optical signal at different  wavelengths until the first optical signal is no longer received at the second location and maintaining generation and transmission of the second optical signal at the wavelength being transmitted after the first optical signal was no longer received.

 

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.