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2025 Supreme(Online)(MAD) 16169

HIGH COURT OF MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
Tekelec – Appellant
Versus
The Controller of Patents – Respondent


JUDGMENT

This appeal is directed against order dated 24.08.2017 rejecting Patent Application No.7133/CHENP/2009 for grant of patent to an invention titled "Methods for Acquiring Billing and Usage Data in an IMS Environment". Upon request by the patent applicant, First Examination Report (FER) dated 18.03.2015 was issued. In such report, objections were raised inter alia on the grounds of lack of novelty and inventive step by citing prior art documents D1 and D2, and on the ground that the claimed invention is excluded from patent protection under Section 3(k) of the Patents Act, 1970 (the Patents Act). The appellant replied to the FER on 25.11.2015 and also submitted amended claims. Upon considering the appellant's reply, by hearing notice dated 02.06.2017, the objections on the grounds of lack of novelty and inventive step were dropped but the objection on the ground of Section 3(k) was retained. The impugned order was issued in the above facts and circumstances.

2. Learned counsel for the appellant submits that the claimed invention identified the problem to be resolved as a method of verifying call signalling messages so as to prevent fraud and enable accurate identification with

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