Patent Trouble: Nokia Sues Assistant Controller Of Patents And Designs

In an attempt to assert one's rights in a patent, the recent case of Nokia Corporation Versus Assistant Controller Of Patents And Designs 2009(41) PTC102(IPAB) witnessed the Intellectual Property Appellate Board grant an order permitting appeal and further directing the Assistant Controller of Patents and Designs to grant patent. The present suit was brought before the Appellate Board in respect of alleged infringement being caused to the rights of appellants, Nokia Corporation, by the Assistant Controller of Patents and designs, respondent. Nokia had entered into the national phase in various countries including India. Assistant Controller examined the national phase application and certain objections both technical and formal regarding the procedural matters were pointed out. The dispute arose because Nokia submitted the date of filing ofthe national phase application in India based on international Patent Cooperation Treaty application. Assistant Controller of