June 2013: Controller's decisions at the IPO

In the month of June 2013, the Controller's offices issued 76 decisions.  Out of these 76, 44 decisions were granted (including deferred, time allowed), 32 refused (including revoked, abandoned and withdrawn).

  

Some interesting decisions: The cases related to pre-grant opposition, 25(1) as I found them to be instructive.  There are quite a few cases where the Controller rejected the application on the ground of Section 3(k).  These decisions are interesting in view of the recent guidelines issued by the IPO for the examination of applications falling under section 3(k).

In my view, some 3(k) decisions can go the other way (granted) if enough structural language is included in the application (original disclosure).  For example, there is a case where an application has been rejected as it claimed a software for controlling irrigation.  Here the application could have been saved if say - a programmable control system language (timer, activator, loop control) was included in the application, and claimed accordingly.  

The Controller also enabled a utility to determine the request for examination status / First Examination Report status.  This utility is extremely helpful to applicants as the page now dynamically displays the information about the month and year of Request for Examination (Form 18) that are being examined and FER being issued in each examination group.  This will help applicants track the status of their applications.

* Controllers decisions from January - May 2013 will be posted shortly.

APPLICATION #	APPLICANT	Decision / Issue	CONTROLLER
293/MUMNP/2008	TAKEDA GMBH	Refused, 3(d)	Amitava Chakraborty
5982/CHENP/2007	TECHNISCHE UNIVERSITAT DARMSTADT	Refused	Anoop K Joy
6063/DELNP/2006	RANBAXY LABORATORIEWS LIMITED	Withdrawn - date*	Ashok Kumar
4318/DELNP/2008	M/S ASTRAZECECA AB	Refused, divisional	ASHOK KUMAR
3724/DELNP/2006	THE UNIVERSITY OF IOWA	Refused	Bharat N S
2977/CHE/2007	RESEARCH IN MOTION LIMITED	Refused, 3(k)	C Naveen Andrew
1291/MUMNP/2008	BRZ BIOTECNOLOGIA LTDA	Refused	Dr. D. Usha Rao
1292/MUMNP/2008	BRZ BIOTECNOLOGIA LTDA	Refused	Dr. D. Usha Rao
1159/MUMNP/2008	MITSUBISHI CHEMICAL CORPORATION	Refused	Dr. D. Usha Rao
2100/DEL/2007	GILEAD SCIENCES,INC.	25(1), Refused	Hardev Karar
1135/DEL/2007	GILEAD SCIENCES, INC.	25(1), Refused	Hardev Karar
3221/DELNP/2006	IBM	Refused	M Ravishankar
280/MUM/2005	TATA CHEMICALS LIMITED	Refused	N. Ramchander
1975/MUM/2009	ARCH PHARMALABS LIMITED	Refused	N. Ramchander
520/DELNP/2004	TECHNOLOGICAL RESOURCES PTY. LTD.	Refused	P S Rao
1090/DEL/2007	ICAR	Refused, 3(k)	P S Rao
4959/DELNP/2007	CALIFORNIA INSTITUTE OF TECHNOLOGY	Refused	P S Rao
1909/DELNP/2006	DUKE MANUFACTURING COMPANY	Refused	P S Rao
1594/DELNP/2006	TENNECO AUTOMOTIVE	Refused	P S Rao
2032/DELNP/2006	L'AIR LIQUIDE SOCIETE ANONYME	Refused	P S RAO
2301/MUM/2007	TATA MOTORS LIMITED	Refused	Pankaj Borkar
1023/KOLNP/2006	SIEMENS MEDICAL SOLUTIONS USA, INC.	Refused, 3(k)	Parijat Sourav
1023/KOLNP/2006	SIEMENS MEDICAL SOLUTIONS USA, INC.	Refused, 3(k)	Parijat Sourav
4037/DELNP/2006	ERICSSON (PUBL)	Refused, 3(k)	S N Sav
1229/DEL/2005	ENERGY INFRASTRUCTURE(INDIA) LIMITED	Refused	Saroj Kumar
1219/DEL/2004	CSIR	25(1), Refused	Shah Alam
2883/KOLNP/2007	CHIRON SRL	Refused	Soumen Ghosh
524/CHENP/2006	TRIDENT MICROSYSTEMS (FAR EAST) LTD.	Refused, 3(k)	V Saravanan
4050/CHENP/2007	E2INTERACTIVE INC.,	Refused, 3(k)	V Saravanan
1388/MUM/2004	SATHE JAIPRAKASH ANANT	Refused	Vikash Sharma
247/MUM/2005	KIRLOSKAR ENGINES INDIA LIMITED	Refused	Vikash Sharma