Court : Delhi
..... is too broad to be workable (the markush plea); it includes possibly 4.9 billion compounds and such elastic claims cannot be sustained; the second is on the basis of claim construction of the suit patent, and subsequent patent application filed by msd for spm specifically that the claims in this patent do not disclose spm or the sitagliptin free base, but only sitagliptin hcl; the third is that even if the sitagliptin free base is disclosed, it is unstable in itself and not ..... in the prior art (section 64(1)(f)); (b) it is not useful and lacks industrial applicability because the sitagliptin free base is itself unstable (section 64(1)(g)); (c) the complete specification of the patent does not sufficiently and fairly describe the invention and the method by which it is to be performed, since the patent does not describe the preparation of the fao (os) 190/2013 page 25 sitagliptin free base, but only its hydrochloride salt (section 64(1)(h)); (d) the claim goes much ..... the suggestion provided in the report is extracted below: it would be of advantage therefore if the applicant is required to state whether he has made any application for a patent for the same or substantially the same invention as in india in any foreign country or countries, the objections, if any, raised by the patent offices of such countries on the ground of novelty or unpatentability or otherwise and the amendments directed to be made or actually made to the specification or claims in the foreign country or .....
Tag this Judgment!Court : Delhi
..... the aforesaid conduct of patent applicants, the petitioner has been constrained to file pre-grant oppositions under section 25(1) of the act to at least two divisional applications arising from one single parent application with claims identical to those in parent application ..... the system of filing divisional application with claim which are identical to the claims of the parent application; (xi) an analysis of prosecution history of the parent applications shows that the divisional applications were filed after the patent examiners had raised objections to the claims of the parent application and suffer an order of deem abandonment of the parent application while keeping the fresh application filed as a divisional application alive; (xii) due to ..... that the claims of a complete specification must relate to a single invention, or in case of a group of inventions, to a single inventive concept; (ix) that thus an application containing a claim of complete specification relating to more than one invention is not a proper patent application and liable to be rejected on this ground alone; however the remedy of correcting the application is available to the applicants under section 16 of the act; (x) however the concerned pharmaceutical companies/persons, with the intent to keep .....
Tag this Judgment!Court : Delhi
..... made by counsel for hoffmann today, hoffmann itself, at the time of filing the written statement to the counter-claim, was not aware that the invention patented by it is not obvious for the reason of polarity and toxicity and has learnt so now on engaging and obtaining the opinion of the exert dr. ..... court in such suits and counterclaims therein is required to make inter alia is, whether natco is not liable for infringement because the patent of which hoffmann claims infringement is not an invention within the meaning of section 3 of the patents act, being obvious and not involving an inventive step having regard to what was publicly known. ..... hoffmann, in the written statement to the counter- claim of natco, while listing various reasons for the invention patented by it to be not obvious and why it entails an inventive step, has not given the reason of ..... to the counter-claim for revocation disclosing and pleading why the grounds for revocation do not exist and as in this case, why the invention was / is not obvious and why the patent is indeed an inventive step, the counter-claimant cannot lead evidence in support of the claim for revocation.30. ..... regard notice that at cs(comm) nos.29/2016 & 946/2016 page 13 of 17 the time of registration of patent also the controller general of patents is required to make a similar inquiry as this court is required to make and for this purpose vide section 12 of the patents act requires the application to be referred to an examiner for making a report. .....
Tag this Judgment!Court : Delhi
..... made by counsel for hoffmann today, hoffmann itself, at the time of filing the written statement to the counter-claim, was not aware that the invention patented by it is not obvious for the reason of polarity and toxicity and has learnt so now on engaging and obtaining the opinion of the exert dr. ..... court in such suits and counterclaims therein is required to make inter alia is, whether natco is not liable for infringement because the patent of which hoffmann claims infringement is not an invention within the meaning of section 3 of the patents act, being obvious and not involving an inventive step having regard to what was publicly known. ..... hoffmann, in the written statement to the counter- claim of natco, while listing various reasons for the invention patented by it to be not obvious and why it entails an inventive step, has not given the reason of ..... to the counter-claim for revocation disclosing and pleading why the grounds for revocation do not exist and as in this case, why the invention was / is not obvious and why the patent is indeed an inventive step, the counter-claimant cannot lead evidence in support of the claim for revocation.30. ..... regard notice that at cs(comm) nos.29/2016 & 946/2016 page 13 of 17 the time of registration of patent also the controller general of patents is required to make a similar inquiry as this court is required to make and for this purpose vide section 12 of the patents act requires the application to be referred to an examiner for making a report. .....
Tag this Judgment!Court : Delhi
..... ) where he stated: facts; license of intellectual property law is full of careful balances between what s set aside for the owner and what s left in the public domain for the rest of us: the relatively short life of patents; the longer, but finite, life of copyrights; copyright s idea expression dichotomy; the fair use doctrine; the prohibition on copyrighting television broadcasts and musical compositions; federal preemption of overbroad state intellectual property laws; the ..... right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in india: (b) where the subject matter of the patent is a process the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those ..... the present litigation is: (a) to impose unreasonable restrictions on export under section 107a to the effect of completely excluding it from the purview of the said provision (b) to create an automatic presumption of infringement immediately upon any use, sale or export of patented product even though the same is declared to be for fao (os) (comm) 169/2017 page 36 of 90 regulatory purposes and there is nothing to prove otherwise, so as to completely shift the onus of infringement from the plaintiff to the defendant .....
Tag this Judgment!Court : Delhi
..... on qualifying the examinations, the respondents were only granting registration as patent agent which could entitle a person to have his/her practice as patent agent as such patent agent acquires certain rights stipulated in section 127 of the act, which is to the following effect:-section 127 - rights of patent agents subject to the provisions contained in this act and in any rules made there under, every patent agent whose name is entered in the register shall be entitled(a) to practice ..... petitioner claims that she has been remained involved in the work related to patent, drafting, filing and prosecuting application for grant of patent registration by the patent office under the patents act, 1970 (hereinafter referred to as the act) and has vast ..... he, thus, submitted that if a person is not good, he will not get work from the prospective client as the patent agent was required to generate his/her own work depending upon his own efficiency and capability and by generating faith in his/her client/ ..... to be balanced with other factors, pointed out above, namely on the registration as patent agent, the patent agent only gets the right to appear before the controller and present certain papers etc. ..... example, candidate with roll no.m0507 (at mumbai) scored 59 and 25 in papers i and ii but 85 in viva voce, candidate with roll no. ..... candidate with roll no. ..... (appearing at mumbai) who scored 59 and 50 in papers i and ii but 80 in viva voce, candidate with roll no. ..... , candidate with roll no. .....
Tag this Judgment!Court : Delhi
..... the two processes read as follows:-" process revealed by defendant in the replication to defendants written statement in counter claim claim 1 of the suit patent 6 amino penicillanic acid (6apa) 6 amino penicillanic acid (or a activated glycine + parahydroxy phenyl salt thereof) + activated parahydroxyphenyl glycine cs(comm) 78/2017 page 3 of 5 conditions- enzymatic synthesis immobilized enzyme ph5-9 temperature 0- 40 (pg 72, 4th para) ..... even assuming, what is being pleaded is true, namely, that the process patent is prior art and the defendant have copied this prior art based on a patent which has expired then that would not absolve the defendant of having violated the interim order passed by ..... first look at the chart filed by the learned senior counsel for the plaintiffs which depicts the process patent of the plaintiff and process of manufacture being followed by the defendant as stated in the replication. ..... on 30.01.2017 in ia no.1225/2017 filed under order 39 rules 1 and 2 cpc cs(comm) 78/2017 page 1 of 5 noted that defendant no.1 is a chinese entity which is stated to be infringing the patent and exporting infringing goods to india and defendant no.2 is marketing the said goods in india. ..... is pleaded that admittedly, defendant no.1 is using the process as claimed in the suit patent for the manufacture amoxycillin trihydrate and is thus openly flouting the orders of this court by continuing to infringe the suit patent despite injunction order of this court dated 20.04.2017.3. 4. .....
Tag this Judgment!Court : Delhi
..... him, he shall file along with his application or subsequently within the prescribed period as the controller may allow (a) a statement setting out detailed particulars of such application; and; (b) an undertaking that, up to the date of grant of patent in india, he would keep the controller informed in writing, from time to time, of detailed particulars as required under clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed ..... defendant in that case was that the ground of revocation was prima facie attracted both under sections 64(1)(j) as well as 64(1)(m) of the act since the plaintiff had obtained the patent on a false suggestion and representation and failed to disclose to the cop the information in terms of section 8 of the act. ..... this act is prosecuting either alone or jointly with any other person an application for a patent in any country outside india in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title ..... order xii rule 6 cpc, it is pointed out by the defendants that one of the grounds for seeking revocation was the failure by the plaintiff to disclose the information to the controller of patent ( cop ), as mandatorily required by section 8 of the patents act, 1970 ( act ) and rule 12 of the patent rules thereby attracting revocation under section 64(1) (m) of the act. .....
Tag this Judgment!Court : Delhi
..... that judgment also refers to section 80 of the act and rule 138 of the patents rules which gives discretionary powers to the controller to extend the time for complying with a requirement ..... specification or, in the case of a convention application or an application filed under the patent cooperation treaty designating india any document filed as part of the application has been returned to the applicant by the controller in the course of the proceedings, the applicant shall not be deemed to have complied with such ..... the petitioner impugns an order dated 13.08.2008 passed by the controller of patents & design whereby its national phase application bearing no.01363/delnp/2003 (hereinafter referred to as the application ) for invention titled a process of preparing a pharmaceutical composition for the treatment and/or prevention of heart disease and the ..... the petitioner had filed the application on 26.08.2003, which was published in the gazette on 27.05.2005, in terms of section 11a of the patent act, 1970 (hereinafter referred to as the act ).3. ..... , the intention of the petitioner not to abandon its application was evident in its response dated 22 nd september 2008 where it requested that in the event the controller was not inclined to grant its patent, it may be afforded an opportunity of being heard. ..... last date for putting the patent publication in order is not conceded ..... first examination report (fer) was issued by the examiner of patents and design, respondent no.3, on 27.06.2007. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)LC44Tri(Delhi)
..... the tribunal also held that payment of royalty/fee under the licencee agreement was relatable to indigenous manufacture of components and vehicles of suzuki's patents, designs and specifications and the use of trade mark was also for marketing of indigenously manufactured goods and neither royalty nor the use of trade mark had anything to do with import of components and assemblies ..... and trade mark of the foreign collaborators and as per rule 6 of the customs valuation rules, 1963 any fee paid for use of patent, design and trade mark is to be included while determining the value of imported goods, he held that having regard to the royalty paid by the appellants the invoice value of components, ckd packs and light commercial vehicles ..... mitsubishi motor corporation of japan has to be deemed as the assessable value of the goods under section 14(1)(a) of the customs act, 1962 and the decision to resort to section 14(1)(b) and loading of the invoice value on account of design, patent and trade mark fee in terms of rules 6 and 8 of the valuation rules, 1963 is not sustainable.11. ..... he added that out of the know-how fee paid by the appellants no payment was attributable to the so-called patent and design rights granted by the foreign collaborator. .....
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