Court : Intellectual Property Appellate Board IPAB
Decided on : Jan-03-2014
..... be re-advertised. where an application has been advertised without carrying out any error in the application that has been corrected or the application has been permitted to be amended, the registrar has the discretion to order re-advertisement of the application or cause the correction to be carried out in the journal (corrigenda ). 14. the necessary ..... (1); or (b) after advertisement of an application,- (i) an error in the application has been corrected; or (ii) the application has been permitted to be amended under section 22, the registrar may in his discretion cause the application to be advertised again or in any case falling under clause (b) may, instead of causing the ..... act). 2. the 1st respondent herein filed an application for registration of the trademark volta under no.673973 in class 9 on 21/7/1995 in respect of lead acid accumulator?. the trademark was proposed to be used on the date of application. on 20/05/2003, the 1st respondent filed a request in form t.m.16 for amending .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Jan-20-2014
..... reported in 2008 (37) ptc 448 (del.) ferid allani vs. uoi and ors. rule 129 of the patents rules, 2003 was inserted by the patents (amendment) act, 2002 dated 25th june, 2002 with effect from the 20th of may, 2003 which provides thus :- 129. exercise of discretionary power by the controller before ..... patent application preferred by the appellant seeking for the patent for their invention composition and method for delivery of pharmacological agents? in india under the indian patents act, 1970 under the application number 2899/delnp/2005. 2. the appellant is a fully integrated bio-technology company dedicated to delivering progressive therapeutics and ..... , the report of the examiner received by the controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this act or of the rules made thereunder, the controller, before proceeding to dispose of the application in accordance .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Mar-21-2014
..... invention described in the complete specification has been obtained from the opponent, the controller may allow the specification to be amended by the exclusion of that part. the opponent may file an application under the act accompanied by a complete specification for the invention so excluded from the applicants specification. in such an application the opponent ..... ) 2008(37) ptc 71 roche vs. cipla - in order to check the inventive step on non-obviousness, it is not necessary to rely upon the foreign case law indian case laws are sufficient. (3) 1979 (2) scc511 m/s bishwanath prasad radhey shyam vs. hindustan metal industries whether an alleged invention involves novelty and an inventive ..... for bringing claim 13 in line with the claim 1. the clarity issue cannot be correlated to insufficiency of description. 116. the detailed analysis of example 1 of indian patent no.in197822 is example 1 step 1 i) 50.00 kg. of cloxacillin sodium and 6.00 kg. of hpmc were passed through a 30-mesh .....
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