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Two applications ORA/17/2009/PT/CH by Spice Mobiles Limited [Herein after referred as first Applicant] ORA/31/2009/PT/CH by M/s. Samsung India Electronics Pvt. Ltd [Herein after referred as second Applicant] are filed for revocation of patent No.214388 granted to Shri Somasundaram Ramkumar. The patent relates to Mobile Telephone with a plurality of Simcards allocated to different communication networks. .The Applicant has failed to prove its contention by suppressing the material facts. It is an admitted fact that the application for patent was made on 04.03.2002; it is the definite case of the Applicant also that on that date, no similar petition of the Respondent was pending prosecution in any other country. S. 8 [1] reads: “Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person, an application for patent in any country outside India, in respect of the same or substantially the same invention or where to knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application. As such there is nothing to be filed along with his application since the Respondent never filed any application in any country for patent of the same or similar invention. It is pertinent to note that an application was filed by the Respondent before PCT Cell at Chennai and that was forwarded by the same Patent Office to the WIPO for getting priority if necessary. Thus no application for patent was filed in any country and prosecuted at any point of time by the Respondent specifically. It is not correct to state that Japan gave a status as withdrawn on 21.06.2006 on the other hand it reported that “PCT international application, It was not subject to publication in Japan because your PCT international application has not entered into the national phase in Japan within the prescribed period, i.e. 30 months from the priority date”. In Australia also it has been stated that the Respondent had not entered the national phase and hence the application has lapsed; thus it is crystal clear except for getting priority, PCT was approached and the Respondent never applied to any country for patent and hence there is no violation of provisions of Section 8 of the Act.” 90. In the present case since we are revoking the patent on the ground of anticipation and lack of inventive step, it is not necessary to deal with the other grounds such as insufficiency, mere combination and violation of Section 8. 91. In view of the analysis and finding as stated above the patent number 214388 is revoked and respondent 2 is directed to remove this patent from the register of patents. The ORA/17/2009/PT/CH and ORA/31/2009/PT/CH are allowed with costs of Rs.5,000/- each.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018     ORA/17/2009/PT/CH FRIDAY, THIS THE  1st  DAY OF JUNE, 2012 Hon’ble Smt. Justice Prabha Sridevan                            … Chairman                              Hon’ble  Shri D.P.S. Parmar                                                … Technical Member (Patents)     Spice Mobiles Ltd., a Company Incorporated under the … Continue reading

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