TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is a Swedish company which is stated to be a world leader in providing telecommunication equipments and related services to mobile and fixed network operators globally. The Petitioner had filed a National Phase Patent Application No. 3380/DELNP/2005 on 29th July 2005 for an invention titled "A Method and Apparatus For Supporting Content Purchases Over a Public Communication Network." It is stated that in accordance with Section 11B of the Act and Rule 24(1)(i) of the Patents Rules 2003, the Petitioner filed an application in Form 18 with the prescribed fees requesting the Controller of Patents, Respondent No. 2 herein, to examine the said application. The Petitioner's application was published in the Patent Office Journal dated 1st June 2007.

(2.) A first examination report was issued on 8th October 2007 in which certain defects were pointed out. The Petitioner states that it filed a reply on 10th December 2007 in compliance with what was indicated in the first examination report.

(3.) By a letter dated 25th July 2008, Respondent No. 2 communicated another examination report reiterating the very same objections as raised in the first examination report. No explanation was offered for not considering the Petitioner's reply to the first examination report. The last date for complying with the defects pointed out was indicated as 8th October 2008. At the request of the Petitioner, on 11th August 2008 the Petitioner's patent agent met the concerned examiner of Respondent No. 2 to explain its reply to the first examination report.