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J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(4), 27, 28, 29(2), 29(3), 51, 54, 57, 60, 61, 63, 64, 66, 69(3), 78, 84, 84(1) to 84(5), 88, 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117A, 117A(2), 117G and 158; Patents (Amendment) Act, 1999 - Sections 116; Patents (Amendment) Act, 2002 - Sections 47; Trade Marks Act, 1999 - Sections 83; Patents (Amendment) Act, 2005 - Sections 23, 25 and 61

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

3 in the High Court under Section 116 of the Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999 w.e.f. 26.3.99.5. Span Diagnostics Limited, respondent No. 3 herein, is a public limited company established in 1972 to … is to be performed;e. that the applicant has failed to disclose to the Controller the information required by Section 8 or has furnished the information which in any material particular was false to his knowledge;f. that in the

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 83; Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(3), 25(4), 27, 28, 29(2), 29(3), 37, 41, 42, 47, 51, 54, 57, 59 to 63, 66, 69(3), 74, 78, 84(1) to 84(5), 85, 86, 88, 88(3), 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117, 117A, 117A(2), 117G and 158; Patents Amendment Act, 2002 - Sections 1(2), 18 and 47; Patents Amendment Act, 2005 - Sections 1(1), 1(2), 23, 60 and 61; Patents Amendment Act, 1999

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

patent of a device which was opposed to by the appellant in the year 2000. By then, the Patents Amendment Act, 1999 had amended the Patents Act, 1970 with effect from 26.3.1999. Section 25 of the Patents Act, 1970 as … to be performed; e. that the applicant has failed to disclose to the Controller the information required by Section 8 or has furnished the information which in any material particular was false to his knowledge; f. that in

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 24B

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

nature of the impugned drugs of all the defendants, regardless of jurisdiction.4. Until the amendments made by the Patents (Amendment) Act, 1999, only a Process Patent was granted for a medicine or a drug. Old Section 5 was renumbered as … Court Fees Act can be said to include reference to the 1996 Act. Perusal of the provisions of Section 8 of General Clauses Act shows that where by a Central enactment any provision of a former enactment is

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 15, 25(1), 25(2), 25(4), 64, 116, 117A and 117G; Constitution of India - Article 226; Patents (Amendment) Act, 2005; Patents (Amendment) Act, 1999; Patents Rules - Rule 55

Reported in : LC2010(1)278

its FAO No. 293/06 in the High Court under Section 116, as it stood on 19.10.06 under the Patents (Amendment) Act, 1999. On that date, the amended Section 117A, suggested by Patents (Amendment) Act, 2005, was not brought into force. … 2 SCC 112 [paras 43-45 at page 137], U.P. State Spinning Company Ltd. v. R.S. Pandey : (2005) 8 SCC 264 [paras 11-24 at pages 270-275], Titaghur Paper Mills Company Ltd. v. State of Orissa : (1983)

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 96, 100, 100A, 104, 104(1), 104(2) and 105 - Order 43, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 97, 109(5) and 109(8); Code of Civil Procedure (CPC) (Amendment) Act, 1999 and 2002

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

100A of the Code which is in force from 1-7-2002 onwards as per the Code of Civil Procedure (Amendment Act) 1999 as further amended by the Amended Act of 2002 reads as under :- '100A. No further appeal in … maintainability of the appeal under Section 109(5) of the Trade Marks Act. 8. Before dealing with the rival submissions, it would be necessary to set … AIR2000Guj139 about-interpretation of the provisions of Section 100A of the C.P.C. and of Clause 15 of the Letters Patent and made the following observations :-'It would thus appear that neither under Section 100A of the C.P.C., nor

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

Intellectual Property Rights (TRIPS), which forms part of the agreement establishing the World Trade Organization (WTO). Thereafter, the Patents Amendment Act 15 of 2005 was brought into force by way of ordinance, namely, Patents (Amendment) Ordinance 2005 dated 26.12.2004 … Patents and Designs Act 1911. The Act was amended again in March 1999 and June, 2002 to meet India's obligations under the Agreement on Trade … claim;(m) that the applicant for the patent has failed to disclose to the Controller the information required by Section 8 or has furnished information which is any material particular was false to his knowledge;(n) that the applicant contravened

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911

the Panel came on August 24, 1998. Thus faced with the threat of trade sanctions, Parliament passed the Patents (Amendment) Act 1999 (Act No. 17 of 1999) on March 26, 1999, which amended the provisions of the Patents Act 1970 … from January 1, 1995, the date when the TRIPS Agreement came into force. By the Amendment Act of 1999, section 5 of the Parent Act was amended to provide for making “a claim for patent of an invention … and residue obtained after Step 5 are suspended in 2.2 l ethanol.Step 8 - The suspension obtained after Step 7 is dissolved under reflux and

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

the Panel came on August 24, 1998. Thus faced with the threat of trade sanctions, Parliament passed the Patents (Amendment) Act 1999 (Act No.17 of 1999) on March 26, 1999, which amended the provisions of the Patents Act 1970 retrospectively, … from January 1, 1995, the date when the TRIPS Agreement came into force. By the Amendment Act of 1999, section 5 of the Parent Act was amended to provide for making “a claim for patent of an invention … residue obtained after Step 5 are suspended in 2.2 l ethanol. Step 8 - The suspension obtained after Step 7 is dissolved under reflux and

Bilski Vs. Kappos

Court : US Supreme Court

Subject : Land Acquisition

further undermined by the fact that federal law explicitly contemplates the existence of at least some business method patents: Under §273(b)(1), if a patent-holder claims infringement based on “a method in [a] patent,” the alleged infringer can … It passed the First Inventors Defense Act of 1999 (1999 Act), 113 Stat. 1501A-555 (codified at 35 … as we have used it, is synonymous with the phrase “useful arts” as it appears in Article I, Section 8 of the Constitution’ ”); Paulik v. Rizkalla , 760 F. 2d 1270, 1276 (CA Fed. 1985) (explaining that … “monopolies.”[ Footnote 24 ] Indeed, at the ratification conventions, some States recommended amendments that would have prohibited Congress from granting “ ‘exclusive advantages of commerce.’ … for determining whether a claimed invention was a patentable “process” under Patent Act, 35 U. S. C. §101- i.e., whether the invention produced a “useful,

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Indian High Courts Act; General Clauses Act, 1897; Arbitration and Conciliation Act, 1996 - Sections 8; Contempt of Courts Act, 1971 - Sections 15; Life Insurance Corporation Act; Arbitration Act, 1940; Partnership Act - Sections 69; Code of Civil Procedure (CPC) - Sections 4, 16, 17, 20, 26, 26(2), 100A, 104, 116, 120 and 129 - Order 1, Rule 8 - Order 4, Rules 1, 1(2), 1(3) and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9, 11 and 15 - Order 8, Rule 1 - Order 49; Calcutta High Court Original Side Rules - Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

46 of 1999 with effect from 1st July 2002. Prior to such amendment, there was no general provision regarding verification of pleadings in a plaint … suit on behalf of the appellants and as will appear from the materials on record an application under Section 8 of the Arbitration and Conciliation Act, 1996, was also filed on behalf of the respondents. The said application … 1861, the British Parliament passed the Indian High Courts Act which empowered the Crown to establish, by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay. Consequent to such authority, the Letters Patent dated 14th