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N. SESHASAYEE
Microsoft Technology Licensing, LLC. , Washington – Appellant
Versus
Assistant Controller of Patents & Designs Patent Office Kolkata Boudhik Sampada Bhawan Kolkata – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal filed under Section 117A of the Patents Act, 1970 against the order of the 2nd respondent dated 28.09.2022 and set aside the same and direct the 2nd respondent to allow the Indian Patent Application Number 4866/CHENP/2015 filed on August 10, 2015.)
1. The appellant having lost its application for patenting its invention titled as 'METHOD AND APPARATUS FOR TRANSMITTING A PHYSICAL DOWNLINK CONTROL CHANNEL (PDCCH) IN A MOBILE COMMUNICATION SYSTEM', has approached this Court with this appeal.
2. The brief facts are :
(b) This was followed by FER with citations (D1 to D3), whereupon the appellant had offered its response and brought down the total number of claims from 19 to 12.
(c) This was followed by a hearing notice dated 26.08.2022. In the hearing notice, the respondent retained D1 to D3.
(d) On 12.09.2022, there was a hearing, and on 28.09.2022, the application was d
The court emphasized the importance of the Controller applying its mind to the facts and materials before it and deemed it appropriate to assume jurisdiction due to the non-application of mind by the....
A divisional patent application must be filed before the grant of a parent application; filing post-grant is impermissible under Section 16(1) of the Patents Act.
The main legal point established in the judgment is the requirement for thorough consideration of amended claims and legal submissions, particularly in relation to Section 3(k) of the Patents Act, an....
The duty of the ld. Asst. Controller to consider the objections and pass a reasoned order, and the purpose of Rule 28(7) of the Patent Rules, 2003 in capturing the submissions made during the course ....
The court has the authority to allow a change of name under Section 151 of the CPC.
A reasoned decision is required while rejecting patent applications, considering the existing knowledge, inventive step, and how the subject invention would be obvious to a person skilled in the art.
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