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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

the year 2000. By then, the Patents (Amendment) Act, 1999 had amended the Patents Act, 1970 w.e.f. 26.3.99. Section 25 of the Patents Act, 1970 as amended by Patents (Amendment) Act, 1999 dealt with opposition to a patent … a classic illustration of the confusion which has emerged on account of the postponement of in-part commencement of Patents (Amendment) Act, 2005.4. Quite often the commencement of an Act is postponed to some specified future date or to such date

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)

notification issued in the year 2007 as also the further amendment to the Patents Act, 1970 by the Patents Amendment Act, 2005, again bringing into effect the provisions of the said Amendment Act on 2 different dates. 3. As I … 47 of the Patents Amendment Act, 2002 was omitted. Further, vide Section 61 of the Amendment Act of 2005, Section 117A of the principal Act as inserted by Section 47 of the Patents Amendment Act, 2002 was also … 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 existing in the statute book as of the year 2000 (i.e. after

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

Subject : Patent

Acts : Patents Act, 1970 - Sections 25(1)(k)(2), 26, 43, 59 ; Patents (Amendment) Rules, 2005 - Rule 55(1)

to the grant of patent. Mr.Grover submits that the Patents Act, 1970 has been extensively amended by the Patents (Amendment) Act, 2005. It is submitted by him that Sections 25 and 26 in the old Act have been substituted and … the petition. It is stated that on 29.10.2007 the Petitioner filed a representation by way of opposition under Section 25(1) of the Patents Act, 1970 r/w Rule 55(1) of the Patents (Amendment) Rules, 2005. The Petitioner requested for

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

cases the scheme of the Patents Act, particularly after the amendment to the relevant provisions by way of Patents (Amendment) Act, 2005 (Amendment Act.) as well as the judgment of the Supreme Court in J. Mitra & Company v. Assistant … the application on failure to do so.4. Prior to its amendment in 2005 with effect from 1st January 2005, Section 25(1) of the Patents Act provided that at any time within four months from the date of advertisement

Indian Network for People Living with Hiv/Aids, Rep. by Its President ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Tamil Nadu Societies Registration Act, 1975; Patents Act, 1970 - Sections 2(C), 25, 25(1), 25(2), 64, 77 and 159; Patents Rules, 2003 - Rule 2, 55, 55(1) to (6), 55A; Land Acquisition Act - Sections 4(1) and 6(2); Patents (Amendment) Act, 2005; Bengal Money Lenders Act - Sections 35; Motor Vehicles Act - Sections 89; Tamil Nadu Shops and Establishments Act, 1947 - Sections 41(2); Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 66 and 90; Constitution of India - Articles 14, 21 and 226

Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36

to as the 'said Act). In the said application it was contended by the petitioners that the Indian Patents (Amendment) Act, 2005 was passed to make the said Act compliant with the obligations under TRIPS. TRIPS, signed in 1995, required … representation by way of opposition at a pre-grant stage to the Patent Application of the 4th respondent under Section 25(1) of the Patents Act, 1970 (herein after referred to as the 'said Act). In the said application it

Glochem Industries Ltd. Represented by Its Power of Attorney Holder Vs ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patent Act, 1970 - Sections 3, 25(1), 25(2), 64, 77, 79 and 104; Patents (Amendment) Act, 2005; Constitution of India - Articles 14 and 226

Reported in : 2010(112)BomLR269; LC2010(1)13

the problem considered was about the confusion arising on account of the postponement of in-part commencement of the Patents (Amendment) Act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. Indeed, the … were well known. Accordingly, the Petitioners filed a representation by way of opposition on 10/7/2008 in terms of Section 25(1) of the Patent Act 1970 (hereinafter referred to as the Act)raising diverse issues.4. Respondent No. 1 filed its

J. Mitra and Co. Pvt. Ltd. Vs. Kesar Medicaments and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2; Patents Rules, 2003 - Rule 55; Patents Act, 1970 - Sections 2, 3, 11, 12, 13, 13(4), 14, 18, 25, 25(1), 25(4), 30, 64, 107, 117A and 117A(2); Patents Amendment Act, 2005

Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)

the said Act, it may be noticed that prior to the amendment of the said Act vide the Patents Amendment Act, 2005, to the provisions inter alias of Section 117A(2), which came into force from 2.04.2007, appeal could be brought … order of the Assistant Controller of patents dismissing the pre-grant opposition of defendant No. 2 is one under Section 25(1) of the said Act and Section 117A(2) of the said Act provides for appeals to be filed before

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 3, 5(2), 11A(7), 11B, 12, 13(4), 14, 25(1), 25(2), 28, 43, 47, 48, 64, 83, 84, 92, 92A and 107; Companies Act, 1956; Patents (Amendment) Act, 2005 - Sections 3; Trade Marks Act - Sections 31; Essential Commodities Act, 1953; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rule 1; Drug Price Control Order

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

that in terms of the second proviso to Section 11-A(7) of the Patents Act 1970, introduced by the Patents (Amendment) Act, 2005 (effective from 1st January, 2005), in case of patent applications filed under Section 5 (2) [which concerns a … the pre-grant opposition to the plaintiff's application for grant of patent by any person in terms of Section 25(1), a full blown post grant opposition under Section 25(2) and the final grant of patent upon an overall

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

'patent' means a patent for any invention granted under this Act.The said definition itself was substituted by the Patents (Amendment) Act, 2005 (Act 15 of 2085) with effect from 01.01.2005. Prior to the said Amendment, Section 2(m) defined 'patent' as,'patent' … to the specification made by the applicant, the learned senior counsel Mr. P.S. Raman would submit that under Section 25 of the Patents Act, the question of either pre-grant, post-grant or revocation will not arise for revocation of

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 (hereinafter referred to as the Act) with request for hearing under rule 55 of the Patents Rules, 2003