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J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...
Supreme Court of India
Aug-21-2008
Intellectual Property Rights
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
2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368
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 … Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section
Tag this Judgment! AI Brief & AskSpan Diagnostic Vs. Assistant Controller of Patents and Design and anr ...
Delhi
Apr-01-2008
Intellectual Property Rights
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
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 … Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section
Tag this Judgment! AI Brief & AskGarware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...
Mumbai
Dec-18-2008
Intellectual Property Rights
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)
2009(3)BomCR896; 2009(111)BomLR479
force by way of ordinance, namely, Patents (Amendment) Ordinance 2005 dated 26.12.2004 and ultimately was enacted as the Patents Amendment Act, 2005 which has made substantial changes. To the inventor a patent system confers certain definite advantages. The incentive for … of a patent outside India in contravention of Section 39;(o) that leave to amend the complete specification under Section 57 or Section 58 was obtained by fraud.(p) that the complete specification does not disclose or wrongly mentions the
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M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...
Intellectual Property Appellate Board IPAB
May-04-2012
Land Acquisition
Matched in: Judge The Honourable Smt. Justice Prabha Sridevan, Chairman &Amp; D.P.S. Parmar, Technical Member (Patents)
Tag this Judgment! AI Brief & AskBayer Corporation vs.union of India & Ors.
Delhi
Apr-22-2019
Education
of the fact that the term "importing" was specifically included in Section 107A of the Act by the Patents (Amendment) Act, 2005, without any mention of the word export" or "offering for sale". This clearly indicates that the legislature did … clinical testing to supply information to the FDA, but only general biomedical research to identify new pharmaceutical compounds." 57. The US Supreme Court judgment unanimously reversed the Federal Circuit judgment and disapproved the narrow interpretation of the
Tag this Judgment! AI Brief & AskM/S. Iritech Inc vs.the Controller of Patents
Delhi
Apr-20-2017
Education
makes a request in the prescribed manner for such examination within the prescribed period. (2) Omitted by the Patents (Amendment) Act, 2005 In case of an application in respect of a claim for a (3) patent filed under sub-section (2) … Power of Controller to correct clerical “S.78. errors etc.- (1) Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications or other documents related thereto and
Tag this Judgment! AI Brief & AskF. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.
Delhi
Apr-24-2009
Intellectual Property Rights
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
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 … counter claim it was averred that the suit patent, i.e., Patent No. 196774 [corresponding to US Patent No. 5747498 - hereafter U.S.'498] had been obtained by the plaintiffs by suppression of material information. It was stated in
Tag this Judgment! AI Brief & AskChemithon Engineers Pvt. Ltd. Vs. Secretary, Department of Atomic Ener ...
Kolkata
Sep-07-2009
Intellectual Property Rights
Patents Act, 1970 - Sections 25(2), 39, 52(1), 52(2), 57, 65 and 125; ;Urban Lands (Ceiling and Regulation) Act, 1976 - Section 20; ;Rajasthan Urban Improvement Act, 1959; ;Patent Rules, 2003 - Rule 4 and 4(2); ;Code of Civil Procedure (CPC) - Sections 20 and 141; ;Constitution of India - Articles 32, 226(1), 226(2) and 227
gas emissions by and under Application No. 31/Bom/1999. This application was made on 12.01.1999 to the Controller of Patents and Designs and Trademarks at Bombay. The respondent No. 1 is directly involved in basic research in nuclear … 1970. On November 20, 2006, Government of India filed an application for amendment of the specifications of the patent. The appellant filed a notice of … of the respondent No. 1 being Patent No. 194122 on April 26, 2005. On 20th August, 2006, Dr. V.V. Rao, respondent No. 5, filed post … of the opposition so that the proposed amendments in the claims may be notified and the proceedings under Section 57 of the Act be first disposed of. This letter was, however withdrawn and date was fixed on August
Tag this Judgment! AI Brief & AskFdc Ltd., Represented by Its Joint Managing Director Vs. Sanjeev Khand ...
Intellectual Property Appellate Board IPAB
Mar-21-2014
Intellectual Property
Matched in: Judge The Honourable Ms. S. Usha, Vice Chairman &Amp; the Honourable Mr. D.P.S. Parmar, Technical Member(Patents)
Tag this Judgment! AI Brief & AskNovartis Ag Vs. Union of India and ors.
Supreme Court of India
Apr-01-2013
Intellectual Property
agreement, the Patents Act, 1970, was subjected to large scale changes in three stages; and finally, by the Patents (Amendment) Act, 2005, section 5 was altogether deleted from the Parent Act (Patents Act, 1970). Between January 1, 1995 and January 1, … for the debate.5. Jürg Zimmermann invented a number of derivatives of N-phenyl-2- pyrimidine-amine, one of which is CGP 57148[1]. in free base form (later given the International Nonproprietary Name ‘Imatinib’ by the World Health Organisation). These derivatives,
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