June 2012: Controller’s decisions at the IPO


June was yet another sizzling month at the Controller’s offices!  A highlight about this month is that out of the 140 decisions issued, 75 applications were granted. For 38 decisions, there was no file that was uploaded.  These decisions may be uploaded later on.  An interesting statistic that results from this month’s available decisions, is that approximately 75% of the cases were granted.  The decisions may be seen either at the patent office site individually, or here.

APPLICATION  APPLICANT Decision/Issue CONTROLLER
965/DELNP/2004 MICROSOFT CORPORATION Refused  Sh.S.N.Sav
622/DELNP/2006 LONZA AG Granted Dr.Rajesh Dixit
1357/MUMNP/2007 TECHCOM IMPORT EXPORT GMBH Granted Vikash Sharma
2178/CHENP/2004 AV NICHE (RECORDING SYSTEMS) LIMITED No file uploaded S Thangapandian
730/DELNP/2005 INCHAIN PTY LTD Granted Sh.S.N.Sav
6656/DELNP/2006 HARVARD COLLEGE Refused N.R.Meena
1721/MUMNP/2007 CERENIS THERAPEUTICS HOLDING SA Granted A.T.Patre
498/MUMNP/2009 ICOS CORPORATION Granted A.T.Patre
1626/MUMNP/2007 4SC AG No file uploaded A.T.Patre
757/MUM/2006 ARROW COATED PRODUCTS LTD. Granted Dr. Amarendra Samal
2105/KOLNP/2007 TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) Granted Nirmalya Sinha
10/CHE/2008 AFTON CHEMICAL CORPORATION No file uploaded Anoop K Joy
567/MUMNP/2006 CIPLA LIMITED Granted A.T.Patre
316/MUMNP/2004 A-55, INC Granted A.T.Patre
3697/CHENP/2006 CIBA HOLDING INC No file uploaded Anoop K Joy
1711/CHENP/2006 3M INNOVATIVE PROPERTIES COMPANY No file uploaded Anoop K Joy
2783/CHENP/2006 RENOLIT AG No file uploaded Anoop K Joy
882/MUM/2007 PRECISION AUTOMATION  Granted Pankaj Borkar
3623/CHENP/2007 “EVONIK DEGUSSA GMBH” No file uploaded Anoop K Joy
2165/CHENP/2006 RWO GMBH No file uploaded Anoop K Joy
489/MUMNP/2007 CIPLA LIMITED No file uploaded A.T.Patre
20/CHE/2008 K S SHIVAPRASAD Granted Parveen Kausar Baig
372/DELNP/2007 CISCO TECHNOLOGY, INC Granted Sh.S.N.Sav
939/MUM/2008 ANKUR SEEDS PRIVATE LIMITED Refused Dr. Dinesh P. Patil
1722/MUMNP/2007 EPOPLUS GMBH & CO. KG Refused Dr. Dinesh P. Patil
2916/CHENP/2007 CHEVRON U.S.A INC No file uploaded Anoop K Joy
1563/CHENP/2006 SANOFI-AVENTIS DEUTSCHLAND GMBH Refused, 3(i) T V Madhusudhan
1861/MUMNP/2007 SUEDZUCKER AKTIENGESELLSCHAFT Granted A.T.Patre
121/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
1250/CHE/2007 TRIBI EMBEDDED TECH No file uploaded S Thangapandian
37/CHE/2008 SENSATA TECHNOLOGIES KOREA LIMITED No file uploaded S Thangapandian
879/CHENP/2006 SIERRA WIRELESS, INC. No file uploaded S Thangapandian
2230/DELNP/2007 POLYONE CORPORATION Granted Dr.Rajesh Dixit
1953/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
1762/MUM/2007 THERMAX LIMITED Granted Pankaj Borkar
404/MUM/2007 SNEHAL N.AGNIHOTRI Refused A.T.Patre
1373/MUMNP/2007 VADA CONSULTING LIMITED Refused A.T.Patre
587/MUM/2007 TATA MOTORS LIMITED Partial grant, 25(1) Vikash Sharma
842/CHE/2003 CIBA HOLDING INC No file uploaded Anoop K Joy
1861/MUMNP/2007 SUEDZUCKER AKTIENGESELLSCHAFT Granted A.T.Patre
1721/MUMNP/2007 CERENIS THERAPEUTICS HOLDING SA Granted A.T.Patre
567/MUMNP/2006 CIPLA LIMITED Granted A.T.Patre
316/MUMNP/2004 A-55, INC Granted A.T.Patre
498/MUMNP/2009 ICOS CORPORATION Granted A.T.Patre
249/MUM/2002 SUN PHARMACEUTICAL INDUSTRIES LTD Refused A.T.Patre
2216/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
IN/PCT/2001/1008/KOL ZENTARIS GMBH Refused, 3(i) Dr. AChakraborty
IN/PCT/2000/383/KOL ZENTARIS IVF GMBH Refused, 3(i) Dr. AChakraborty
1927/CHENP/2006 CIBA SPECIALTY  No file uploaded Anoop K Joy
1127/MUMNP/2007 AUBURN UNIVERSITY No file uploaded A.T.Patre
2163/MUMNP/2007 UNIVERSITY OF LEEDS No file uploaded A.T.Patre
284/MUM/2004 CADILA HEALTHCARE LIMITED No file uploaded A.T.Patre
514/DEL/2007 GILEAD SCIENCES,INC. Refused N.R.Meena
1104/MUM/2006 SAURER GMBH & CO KG Refused Vikash Sharma
1268/DEL/2003 NIPER Granted Dr.Rajesh Dixit
744/MUMNP/2007 ENZON PHARMACEUTICALS INC. No file uploaded A.T.Patre
1520/MUM/2008 WOCKHARDT LTD. Refused  Dr. A.Samal
271/MUM/2006 CADILA HEALATHCARE LIMITED No file uploaded A.T.Patre
1968/MUM/2007 IPCA LABORATORIES LIMITED Refused  Dr. A. Samal
1161/MUM/2006 BHARAT PETROLEUM CORPORATION LIMITED No file uploaded A.T.Patre
2204/CHENP/2007 QUALCOMM INCORPORATED Granted Pinkesh Jain
2261/MUM/2007 GHARDA CHEMICALS LTD. No file uploaded A.T.Patre
540/MUM/2008 RELIANCE INDUSTRIES LIMITED No file uploaded A.T.Patre
1120/MUM/2007 CATALYSTS HY SENSING  No file uploaded A.T.Patre
1968/MUMNP/2008 VOROBYEV SERGEY IV ANOVICH No file uploaded A.T.Patre
1117/MUM/2007 DAINIHON JOCHUGIKU CO., LTD. No file uploaded A.T.Patre
1862/MUMNP/2007 CAMILEON HOLDINGS, LLC. Granted Vikash Sharma
1826/MUM/2007 JSW STEEL LIMITED Granted N. Ramchander
827/KOLNP/2007 SANOFI AVENTIS Refused Dr. A. Chakraborty
3834/KOLNP/2006 SANOFI-AVENTIS Partial grant  Dr. A. Chakraborty
3864/KOLNP/2006 HARVARD COLLEGE Partial grant  Dr. A. Chakraborty
2487/MUM/2007 UNIVERSITY OF PUNE Refused A.T.Patre
6652/DELNP/2006 INTERDIGITAL TECHNOLOGY CORPORATION Granted Sh.S.N.Sav
1780/MUMNP/2008 MOMENTIVE PERFORMANCE MATERIALS, INC. No file uploaded A.T.Patre
1170/MUM/2005 ARROW COATED PRODUCTS LTD. No file uploaded A.T.Patre
815/MUMNP/2006 QUALCOMM INCORPORATED Granted N.K.MOHANTY
68/MUMNP/2008 QUALCOMM INCORPORATED Granted N.K.MOHANTY
7124/DELNP/2007 HITACHI CHEMICAL COMPANY,LTD. Granted Dr.Rajesh Dixit
1053/MUMNP/2006 ERICSSON AB Granted N.K.MOHANTY
1806/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
621/DELNP/2004 KENNAMETAL INC Granted Mr. Naveen Mathur
1939/MUM/2006 PFIZER INC Granted DR.R. TIWARI
224/KOL/2007 BHARAT HEAVY ELECTRICALS LIMITED Granted Nirmalya Sinha
519/MUMNP/2008 QUALCOMM INCORPORATED Granted N.K.MOHANTY
247/CHENP/2006 DOW GLOBAL TECHNOLOGIES , LLC No file uploaded Anoop K Joy
2501/MUM/2007 SAMSUNG ELECTRONICS CO., LTD. Granted Pinkesh Jain
3926/DELNP/2006 LUTRON ELECTRONICS CO., INC. No file uploaded Mr. Naveen Mathur
519/MUMNP/2008 QUALCOMM INCORPORATED Granted N.K.MOHANTY
2424/MUM/2008 CLARIS LIFESCIENCES LIMITED Granted Dr. A. Samal
1307/MUM/2006 HINDUSTAN UNILEVER LIMITED Granted  Dr. A. Samal
3926/DELNP/2006 LUTRON ELECTRONICS CO., INC. No file uploaded Mr. Naveen Mathur
938/MUMNP/2007 IPCA LABORATORIES LIMITED Granted Dr. A. Samal
2180/MUM/2007 OMNIACTIVE HEALTH TECHNOLOGIES PVT LTD Granted Dr. A. Samal
2424/MUM/2008 CLARIS LIFESCIENCES LIMITED Granted Dr. A. Samal
1307/MUM/2006 HINDUSTAN UNILEVER LIMITED Granted Dr. A. Samal
519/MUMNP/2008 QUALCOMM INCORPORATED Granted N.K.MOHANTY
6292/DELNP/2006 THE PROCTER & GAMBLE COMPANY Granted Dr.Rajesh Dixit
2501/MUM/2007 SAMSUNG ELECTRONICS CO., LTD. Granted Pinkesh Jain
205/MUMNP/2008 QUALCOMM INCORPORATED Granted Pinkesh Jain
1737/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
1345/CHENP/2007 SEKISUI CHEMICAL CO., LTD No file uploaded Anoop K Joy
315/MUMNP/2008 T.O.P OPTIMIZED TECHNOLOGIES, S.L. Granted Pinkesh Jain
2376/CHE/2007 LUCAS-TVS LIMITED Refused Oggu Prasad Rao
3555/DELNP/2004 PRAXAIR TECHNOLOGY, INC., Granted Dr.Rajesh Dixit
393/MUMNP/2008 GLOBOASIA LLC No file uploaded DR.R. TIWARI
650/kol/2007 BHARAT HEAVY ELECTRICALS LIMITED Granted Santanu Dey
911/MUMNP/2007 KABUSHIKI KAISHA YAKULT HONSHA No file uploaded DR.R. TIWARI
62/MUMNP/2008 QUALCOMM INCORPORATED Granted N.K.MOHANTY
2402/CHE/2007 PRADEEP RANGANATHAN Granted M Ajith
813/CHE/2007 HBL POWER SYSTEMS LIMITED No file uploaded V Saravanan
224/KOL/2007 BHARAT HEAVY ELECTRICALS LIMITED Granted Nirmalya Sinha
1243/KOLNP/2007 HANSEN, BERND Granted Santanu Dey
292/MUM/2007 IPCA LABORATORIES LIMITED Granted N. Ramchander
312/MUMNP/2008 QUALCOMM INCORPORATED Granted Pinkesh Jain
1156/MUMNP/2006 SYBASE 365, INC. No file uploaded N.K.MOHANTY
1959/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
10/MUM/2004 MICROSOFT CORPORATION Granted Pinkesh Jain
1200/MUMNP/2006 TELEFONAKTIEBOLAGET LM ERICSSON(PUBL) Granted Pinkesh Jain
2077/MUM/2008 INTAS BIOPHARMACEUTICALS LIMITED Granted Dr. Dinesh P. Patil
1391/MUMNP/2007 BIONOR IMMUNO AS Granted Dr. Dinesh P. Patil
247/CHENP/2006 DOW GLOBAL TECHNOLOGIES , LLC No file uploaded Anoop K Joy
237/MUM/2006 EMCURE PHARMACEUTICALS LIMITED Refused Dr. Dinesh P. Patil
5184/DELNP/2006 FMC CORPORATION Granted S.K.Roy
868/MUMNP/2006 KT CORPORATION Granted Pinkesh Jain
1326/MUMNP/2008 N. V. NUTRICIA Granted N. Ramchander
2120/DELNP/2006 BAYER ANIMAL HEALTH GMBH Granted, 3(d) N.R.Meena
1694/MUMNP/2007 QUALCOMM INCORPORATED Granted N.K.MOHANTY
2296/DELNP/2007 WISCONSIN ALUMNI RESEARCH FOUNDATION No file uploaded N.R.Meena
1117/MUMNP/2006 MOBILE 365 Refused N.K.MOHANTY
2204/MUMNP/2007 QUALCOMM INCORPORATED Granted Pinkesh Jain
502/MUM/2008 TATA CHEMICALS LIMITED Granted Dr. Dinesh P. Patil
520/MUM/2008 TATA CHEMICALS LIMITED Granted Dr. Dinesh P. Patil
1282/MUM/2006 MINIMAX MOBILE SERVICES GMBH & CO., KG. Refused Pankaj Borkar
307/MUMNP/2006 TEIJIN PHARMA LIMITED Refused N. Ramchander
Rajiv Kr. Choudhry

Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is the founder of Tech Law Associates, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).

5 comments.

  1. AvatarAnonymous

    Rajiv, one more statistics: The decisions for which no file has been uploaded is confined to just 4 controller’s!!

    Reply
  2. AvatarAnonymous

    Decision of the Learned Controller Sh.S.N.Sav with respect to patent application number 965/DELNP/2004 reflects that how confused our Controllers are. He had repeatedly talk about the requirement of filing Form 13, however he had never raised objection either in FER or in Hearing notice and finally he had delivered the final decision on the amended claims and rejected the application under section 3(k).

    Moreover according to him, even if the applicant amends the claims to satisfy the objection(s) raised in the office action, then the amended claims must be filed along with Form 13. May, I request all of you to kindly read this decision and share your comments, particularly on Form 13 issue.

    Reply
  3. AvatarRajiv Kr. Choudhry

    [email protected]:09 PM: My opinion is that the reasoning is convoluted, at least with respect to section 3(k). That said, there is little machine specific discussion in your complete specification. So the 3(k) issue seems to be Okay.

    As regards Form 13, his primary issue seems to be that amendments should have been filed AFTER entry (National phase) and not WITH the entry.

    There is some support from PCT Article 19 for this stand. An amendment to the specification is possible under the Indian patent laws and rules after the application has been filed in India (under sections 57 and 59).The rationale for this requirement is that the date of a NP application is reckoned from the date of international application filed under PCT. Therefore, the contents of the complete specification in PCT and the Indian National Phase application should be SAME.
    No amendment is allowed at the time of filing (entry into national phase) the application, but the same is allowed after filing the application.

    There may be one other way if you reply to the Written Opinion (it is optional), amend the claims and include your comments in the Written opinion. And use the revised claims in your National Phase entry.

    Reply
  4. AvatarAnonymous

    Dear Rajiv:
    Thank you for looking into this decision. I complete agree with you what ever you have said. However the controller has raised requirement of Form 13 at two instances. My concern is specifically with regard to following para, where the Controller has referred to the amended claims filed in response to FER:

    “18/04/2011: The Patent agent for the applicant submitted the response vide their letter No. Nil dated 18th April 2011 to First examination report dated 24th July 2010. In response, the Patent agent for the Applicant gives statement under the heading of summery that the applicant has cancelled claims 1 to 5 and 14 to 18 while original claims 6-13 have been amended and renumbered as new claims 1-8.Newly amended claims 1 to 4 are based on original claims 6 to 9,while claims 5 to 8 are based on original claims 10-13.Applicant submits that no new matter has been added and all the presently proposed claims 1 to 8 are supported by the original claims and the specification as filed. This version of claims 1 to 8 overrides all previous versions of claims.
    Firstly it is necessary to analyze so as to determine whether
    Such amendment of claims as carried out by the applicant, are as per statutory provisions as laid down in the Patent Act 1970 and as amended Patent Act 2005 or not. In this connection it is brought to acknowledge that any amendment of applications and Complete Specification /Claims are required to be made as per proceedings laid down in Section 57 of Patent Act 1970 and as amended Patent act 2005 which have been illustrated in Chapter X of Patent act.”

    I agree that as per Indian Patent Act, any amendment in the national phase patent applicant can be filed only after entering into Indian national phase. However here the controller has raise issued against section 15. Section 15 allows applicant to amend the specification to address the objections raised by the Controller without filing any Form 13. Whereas, if the applicant wishes to amend his application suo moto then he must file Form 13. I can relate to this because in recent past the Learned Controller has raised same objection with various Agents.

    Reply
  5. AvatarAnonymous

    I think anonymous @6.51 is correct. If the amendments are made in response to the objections put by the examiner, no Form 13 is required, if that meets the objections of the examiner. This is what has been happening for years. Form 13 is required for suo moto amendment.

    Reply

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