THE PATENTS ACT, 1970
(Section 15, 43(1))
In the matter of application for patent
Application No. 201927009324
dated 11/03/2019
Applicants: QUALCOMM INCORPORATED
Appeared: SAURABH VASHISTH (IN/PA - 3149)-- Patent Agent(s) for the Applicant
DECISION
1. An application for patent bearing number 201927009324 dated 11/03/2019 was filed in Patent office.
The request for examination was filed vide RQ No. R20202018726 dated 24/06/2020 under section
11B and rule 24B of the Patents Act, 1970 (as amended). The said application was published on
02/08/2019 with Journal number of publication 31/2019. The said application was examined under
sections 12 and 13 of the Patents Act, 1970 (as amended) and First Examination report was issued on
25/06/2021. In view of this, applicant's agent submitted its reply to FER on 24/09/2021.
2. After considering the reply filed in response to the first examination report by the applicant's agent
and the report of the examiner on such reply, it was observed that the said patent application was not
in order for grant. Keeping in view the provisions of the Patents Act, 1970 (as amended) and with a
view to provide natural justice to the applicant, a hearing was offered to the agent of the applicant on
05/01/2024.
3. The intimation of said hearing (hearing notice) was sent to applicant's agent vide e-mail along withthe
outstanding objections (i.e. uploaded in the document name 201927009324-US(14)-
HearingNotice-(HearingDate-05-01-2024).pdf on 19/12/2023.
4. In respect of the said hearing notice, the hearing was duly held and attended by the authorized
Agent(s) on 05/01/2024. The agent argued the matter in favor of the applicant and was asked to
substantiate the oral arguments with written submissions within 15 days as per rule 28(7) of the
Patent Rules 2003(as amended). Consequently, hearing submissions and accompanying documents
were submitted at the office on 19/01/2024. Therefore, the instant application needs to be disposed of
on merit based on the facts on records and, the oral and written submission of the agents of the
applicant.
5. In view of the said hearing submissions and requisite documents, and in absence of any other
objection of substantive nature, claims 1-20 filed along with the written submissions to the hearing
are found to be novel, inventive, clear, definitive and in order, and thereby allowed. Further, pertinent
submissions in respect of the requirements relating to filing of duly signed forms, and other formal
requirements are also found to be complied with. Also, there is no pre-grant opposition under Section
25 (1) of the Act.
6. Therefore, keeping in view the above facts, the submissions of the agents during hearing and
subsequently through the written submission, the instant application complies with the requirements
of The Patents Act, 1970 (as amended). I, therefore, hereby order the grant of a patent with claims 1-
20 dated 19/01/2024, of document named 201927009324-Written submissions and relevant
documents [19-01-2024(online)].pdf under the provisions of Section 15, 43(1) of The Patents Act,
1970 (as amended).
7. This is to be noted that the aforesaid observations, and decision thereof, are based solely on the
electronically uploaded documents in the Patent Office e-module to date. Also, since the order for an
application can only be uploaded via authorized modules of the patent office staff having restricted
access, the same can be treated as a signed and verified copy of the controller’s order, and no separate
physical signature is warranted for this order to ascertain the veracity of its contents.
Dated 1 5 t h day of March, 2024
(RAMAN YADAV)
Assistant Controller of Patents & Designs
