Margento opposes Indian startup's patent application on DOV technology

Netherland-based Margento has filed a pre-grant opposition to block patent applications relating to data-over-voice (DOV) technology filed by Bengaluru-based retail solutions startup ToneTag. Margento, a global provider of mobile transactions and payment solutions, is opposing the patent applications of infringing party in India.

The patent applications have been filed by fintech startup ToneTag, founded by Kumar Abhishek in 2013 and later assigned to Naffa Innovations Pvt Ltd, which is its parent company. The matter is currently sub-judice before the Controller of Patents, Kolkata. Call attempts to contact Kumar Abhishek remained unanswered.

Margento has opposed the patent applications primarily on the ground that the inventions as claimed are not patentable in view of prior published documents, including two granted Indian patents of Margento.

The patents of Margento relate to contactless mobile payment solution via secure transfer of data-over-sound between mobile device and payment terminal without the use of internet connection, Bluetooth, Wi-Fi or any other form of connectivity.

“The prior publications including the two patents of Margento discloses secure data transfer between two devices via sound waves for the purpose of conducting financial transaction, and therefore, anticipates or makes it obvious invention as claimed in patent applications.

“Similarly, prior publications including (the) said two patents of Margento discloses a system for enabling/establishing communication between a plurality of devices through audio frequency wherein said communication is enabled between devices without using network connection and therefore, anticipates or makes it obvious invention as claimed in patent applications,” the company said.

The company also said that the applicant failed to meet the requirement under Section 8 of the Patents Act, 1970 for the reason that the applicant has failed to provide complete and accurate details of corresponding patent applications filed outside India from time to time in respect of the same or substantially same inventions that show deliberate and wilful concealment of material particular.

ToneTag is a fintech and retail solutions Indian startup, based out of Bengaluru, founded by Kumar Abhishek in 2013. Naffa Innovations Pvt Ltd is its parent entity.