NTT Docomo, which has a joint venture with Tata Teleservices under Tata Docomo for CDMA and broadband networks in the country, moved the high court after the company's plea for reinstatement of the patent application was rejected by the assistant controller of patents and designs, Chennai.
The impugned order in which assistant controller refused the request of NTT Docomo for revival of patent application on the ground that the plea cannot be taken on record, since the application itself does not exist.
The order has pointed out that the patent application has already been withdrawn and that there exists no provision in the Patent Act, to re-consider a patent application that was once withdrawn.
The company's appeal in the high court sought for the issuance of a writ of Certiorarified Mandamus, calling for the records relating to the communication of the assistant controller of patents and designs, made on the patent application.
The petition also sought for quashing the order and sought direction to the patent office to reinstate the patent application thereby allowing further processing of the said application as per the Patents Act, 1970.