NOKIA CORPORATION OF KEILALAHDENTIE A FINNISH COMPANY Vs. ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

JUDGEMENT

(1.) THIS is an appeal under Section 117A(2) of the Patents Act, 1970 (hereinafter referred to as the Act) by Nokia Corporation against the order of the Controller of Patents dated 26.09.2007 passed in the matter of Patents Application No. 1857/CHENP/2003.

(2.) THE appellant has filed an international PCT application in EPO on 28.05.2001 which has been numbered as PCT/EP01/6069. The appellant has entered into the National Phase of various countries including India within the period prescribed under PCT. Accordingly the national phase application filed on 27.11.2003 by the appellant has been accorded Patent Application No. 1857/CHENP/2003. Due to non -compliance of office requirements, the respondent passed an order refusing the grant of patent. Hence the above appeal.

(3.) THE Appeal came up for hearing before us on 11.09.2008 when Shri A. Vijay Anand, learned Counsel appeared on behalf of the appellant and Shri G. Desingu, learned Counsel appeared on behalf of the respondent.