Court : Intellectual Property Appellate Board IPAB
Decided on : Apr-17-2009
..... provision. moreover the earlier application was deemed to have been abandoned under section of the 21(1) of the act. in fact there was no provision for withdrawal of a patent application till the second amendment to the act (effective from 20.5.2003) and the applicants used to adopt the way of abandoning the application for ..... availing withdrawal facility. further, there was no similar provision in the indian law, like in the uk act and epo provisions of law, to make the later ..... publication part of the state of art to act as anticipation for the later application destroying the novelty. in the absence of such provision in .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Mar-31-2009
..... 38. in section 80 of the principal act, the following proviso shall be inserted at the end, namely;- provided that the party ..... for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act. the amendment to the section 80 has been made by the patents (amendment) act, 2002 as given below:- ..... a patent, the report of the examiner received by the controller is adverse to the applicant or requires any amendment of the application or of the specification to ensure compliance with the provisions of this act or of the rules made there under, the controller, before proceeding to dispose of the application in accordance .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : May-12-2009
..... ; (ii) the claims as filed; (iii) any text matter of the drawings; (iv) the abstract; and (v) in case the applicant has not elected indian and if the claims have been amended under article 19, then the amended claims together with any statement filed under the said article; (vi) in case the applicant has elected india and an ..... date of such invitation, and if the applicant fails to do so, the claim of applicant for the priority shall be disregarded for the purposes of the act. rule 22. effect of non-compliance with certain requirements.- an international application designating india shall be deemed to be withdrawn if the applicant does not comply ..... to the appellant before taking any such decision. 7. we have heard the counsel for the appellant. let us see the provisions of pct as per the patents act and rules there under, which read as under:- rule 20.- international applications designating or designating and electing india. (1) an application corresponding to an international application .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Jun-26-2009
..... patent applications in the field of drugs which was familiarly called as mail box applications, and also for providing exclusive marketing rights (emr). the indian parliament made further amendments in the patents act, 1970 through the patents (amendment) act, 2002 (act 38 of 2002) which came into force from 20.05.2003 along with the patents rules, 2003 with a view to fulfilling indias further obligations ..... saving drugs and to discharge their constitutional obligation of providing good health care to its citizens (in para 19). thus, the amended act should be interpreted in the light of all the relevant circumstances surrounding the amending act. he submitted that the indian patent office was not bound to follow the practices of patent offices in other jurisdictions. granting patents in other countries was thus .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Aug-21-2009
..... of the case, the main issue as to allowing the tm-16 application and whether the registration would be in contravention of the provisions of section 11 of the act. 24. the amendment sought for is to change the date of user and to change the name and address of the company. while the date of user sought to be ..... the law. 6. the opposition was again heard and the impugned order was passed stating that in view of the citation given by the opponent the tm- 16 for amendment is cancelled where no reason has been given. rival marks and goods are same/similar and also they are phonetically, visually and structurally same/similar. in such case the ..... the registration of the trade mark would not be in contravention of the provisions of the act. 5. on completion of the formal procedures, the matter was heard and decided. the registrar had also allowed the interlocutory petition filed by the applicant for amending the date of user and the change of companys name and address while deciding the main .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Sep-22-2009
..... been introduced, namely, a pre-grant opposition and post-grant opposition under section 25 of the patents act, 1970 (as amended by the patents amendment act, 2005). consequently, in the patents act, 1970 as amended by the patents (amendments) act, 2005 there does not lie any appeal to the party aggrieved in the pre-grant opposition under section ..... so saved or the rights that survive the repeal". 8. referring to few more supreme court decisions, regarding substitution word in an amendment notification as in government of india vs. indian tobacco association, decided by the apex court, the facts, being, the introduction of the duty entitlement pass book (depb) scheme ..... of bombay, (1951) scr 228, that the court was concerned with the legality of the prosecution of the appellant for contravention of the indian press (emergency powers) act, 1931. the offence had been committed before the constitution came into force and a prosecution launched earlier was pending after january 26, 1950. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Sep-30-2009
..... in its application for registration and also the advertisement issued in the trade marks journal (emphasis supplied). the respondent no.2 has no authority or jurisdiction to enlarge, amend or alter the classification of goods, by supplementing (as underlined above) on his own or otherwise to indicate the purpose or use. the cocks and valves as are ..... been two applications with separate filing fee. in any case the respondent could not have been allowed to amend the class mentioned in the application. in gopal krishnans case (supra) the court held: the amendment contemplated by section 22 of the act cannot in our opinion permit the change of class of an application which is the substance of the ..... the products of the respondent no. 1 are isi marked and it is registered with the bureau of indian standards for the last eight years. the registration applied for is not prohibited under sections 11 and 12 of the act as use of the mark on the goods of the respondent no. 1 is not likely to deceive .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Oct-23-2009
..... the legislature intended to obliterate appeal from pre-grant proceedings, for there existed an appeal against the pre-grant opposition under section 116 of the act as amended by the patents (amendment) act, 2002 before the grant of patent. the counsel argued that there has to be a remedy when there is a refusal of patent. the ..... a proceeding shall have an opportunity for review by a judicial authority against any official administrative decision. the counsel for the appellant also argued that the patents (amendment) act, 2005 brought in a dichotomy between the pre-grant and post-grant opposition for the first time by introducing the post-grant opposition after the grant of ..... right to appeal to the appellate board from an order of the controller refusing the application or requiring the application to be amended. further, he submitted that section 25 (1) of the act does not confer on the controller any power to refuse the grant of patent because of the wordings given therein that the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Oct-23-2009
..... under section 64(1)(j) [patent obtained by false suggestion and representation], 64(1) (m) [breach of section 8] and 64(1)(o) [amendment made fraudulently], of the act. the petitioners counsel also addressed the grounds of prima facie case, the balance of convenience and irreparable injury for the purpose of making out a case for ..... .2 in the second examination report. the counsel for the petitioner further submitted that such an amendment is in total contravention of section 57 read with section 59 of the act and obtained the grant of patent with such amended specification. the counsel for the petitioner argued on section 59 which specifically provides that no ..... amendment of an application for a patent or a complete specification or any document related thereto shall be .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Nov-20-2009
..... communications systems. 3. the applications were examined and examination report was issued. the examiner had raised objections under section 9 of the act and directed amendment to the specification of goods in application nos. 1238183, 1212626 and 1212627. the examiner had raised objections under sections 9 and 11 of the ..... during the course of arguments. the assistant registrar heard the matter and passed an order rejecting the application for registration under section 9 of the act without giving any reasons. the appellants herein filed a review petition against the said orders to review the order of rejection in the interest of justice ..... is one of the largest companies operating in the telecommunication arena, actively involved in the indian industry. the appellant filed applications for registration of their trade marks under the provisions of the trade marks act, 1999 (hereinafter referred to as the act) as under: sl.no. mark applica-tion no. date class goods 1 musicflo 1238183 .....
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