Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 chapter ii inventions not patentable Page 1 of about 180 results (0.155 seconds)

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

Court : Intellectual Property Appellate Board IPAB

..... section 3(d) of the act is one of the provisions under chapter ii in the patents act, 1970 titled inventions not patentable. 3. ..... you may furnish information relating to objections, particularly novelty and inventiveness of invention, of the applications filed in brazil, south korea, and usa within 3 months from the date of this letter as required under section 8(2) of the patents act, 1970. 14. ..... he also brought to our attention the various provisions of the indian patent law before and after amendment vis- -vis trips agreement and argued that the appellants invention satisfied the definition of invention under section 2(1)(j) with novelty and inventive step [section 2(1),(ja)] and industrial application; new invention under section 2(1)(l) read with sections 29 34 and was also not attracted by any of the provisions of section 3 particularly, section 3(d) act, 1970. ..... (iii) not patentable under section 3(d) of the patents act, 1970 as amended by the patents (amendment) act, 2005. ..... that was why it was important that the patents act only required the invention alone to be specified in the application and not all the possible experiments, which the patent applicant might have conducted on various substances before he was able to make the invention, for which alone he was asking for a patent. ..... subject matter of claims does not constitute an invention under section 2(1)(j) of the patents act, as it lacks inventive step, see for instance, ep-a-0564409. 3. .....

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

..... defendants have also put forth a counter claim and sought for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act.24. ..... and includes an improvement and an alleged invention.the definition of the word invention has undergone a considerable change in the patents act, 1970 where it is defined as under:-2(1)(j) invention means any new and useful(i) art, process, method or manner of manufacture;(ii) machine, apparatus or other article;(iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention.by way of amendment, by amendment act, 2002 the word invention reads as under:-2(1)(j) invention means a new product or process ..... of the plaintiff for the grant of patent was duly examined in accordance with the provisions of the patents act, 1970, for short, hereinafter referred to as the act and after being fully satisfied that the invention satisfied all the requirements for the grant of a patent, the plaintiff was granted a patent (bearing patent no.186857) for the invention titled, a method of preparing a herbal hepatoprotective and antihepatotoxic composition dated 5th july 2002 by the controller of patents, india for a term of seven years .....

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

..... the defendants have also put forth a counter claim and sought for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act. 24. ..... it is to be noted that unlike the patents act, 1970, the act of 1911 does not specify the requirement of being useful in the definition of invention. ..... the definition of the word invention has undergone a considerable change in the patents act, 1970 where it is defined as under:- 2(1)(j) invention means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention. ..... the application of the plaintiff for the grant of patent was duly examined in accordance with the provisions of the patents act, 1970, for short, hereinafter referred to as the act and after being fully satisfied that the invention satisfied all the requirements for the grant of a patent, the plaintiff was granted a patent (bearing patent no.186857) for the invention titled, a method of preparing a herbal hepatoprotective and antihepatotoxic composition dated 5th july 2002 by the controller of patents, india for a term of seven years .....

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... . but if clause (d) is isolated from the rest of section 3, and the legislative history behind the incorporation of chapter ii in the patents act, 1970, is disregarded, then it is possible to see section 3(d) as an extension of the definition of invention and to link section 3(d) with clauses (j) and (ja) of section 2(1) ..... . in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing the meaning of invention ..... . the consequential finding, therefore, is that imatinib mesylate does not qualify the test of invention as laid down in section 2(1)(j) and section 2(1)(ja) of the patents act, 1970.158 ..... opportunity for people living with hiv and other members of civil society to participate in an open and transparent process.the implications of the current ordinance are potentially devastating: the vast majority of countries hardest hit by aids do not have sufficient manufacturing capacity in the pharmaceutical sector and must rely upon imports from major producing countries such as india if they are to succeed in scaling up access to hiv treatment to the millions of their people in .....

F. Hoffmann-La Roche Ltd. and Others Vs. Cipla Ltd. and Another

Court : Delhi

..... but if clause (d) is isolated from the rest of section 3, and the legislative history behind the incorporation of chapter ii in the patents act, 1970, is disregarded, then it is possible to see section 3(d) as an extension of the definition of "invention" and to link section 3(d) with clauses (j) and (ja) of section 2(1). ..... section 64 of the patents act, 1970 empowers the appellate board and the high court to revoke a patent granted subject to other provisions in the act for being obvious under section 64(1)(f) which reads as under:- 64(1)(f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in india or what was published in india or elsewhere before the priority date of the claim: ? ..... it is relevant to note that the heading of the chapter is inventions not patentable and the marginal heading read what are not inventions ?. ..... its claim on ep 700, us 590, us 766, us 534 and wo 047 but ep 507; d) dw-3 based his theory of obviousness only on the basis of structural similarity between example 51 of ep `226 and in `774; e) dw-3 did not depose about bioisosterism or grimm's hydride displacement theory; f) dw-3 looked at documents not available on the priority date being google and wikipedia; g) the evidence of dw-3 was a hindsight evidence as he read the document ep `226 but with specific intent of understanding and answering question a posed .....

Pawan Deep Singh Bahl Vs. Princep Supply Agency

Court : Delhi

..... 47 and chapter xvii of the patents act, 1970, a patent/design is granted subject to the condition that any machine/apparatus or other article is respect of which the patent/design is granted maybe made by or on behalf of the govt. ..... as it has against any person and the provisions of chapter xvii of the patents act, 1970 shall also apply to registered designs. ..... 99 of the patents act, an invention is said to be for the government s own use if it is made, used exercised or vended for the purpose of the central govt. ..... upon or even without any application, and on such terms as may appear to it to be just, direct that any of the following persons may be added as a party: (a) any person who ought to have been joined as plaintiff or defendant, but not added; or (b) any person whose presence before the court may be necessary in order to enable the court to effectively and completely adjudicate upon and settle the question involved in the suit. ..... 99 and 100 of the patents act, the railways is well within its rights to authorize any person in writing to use the invention for the purposes of the govt. ..... the plaintiff states that these are products of his own inventive creation, which is the result of his efforts and skills and that he owns all the intellectual property rights in the said products as well as the drawings. ..... or any person authorized in writing by it, may use the invention for the purpose of the government.49. .....

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

..... clause (d) is isolated from the rest of section 3, and the legislative history behind the incorporation of chapter ii in the patents act, 1970, is disregarded, then it is possible to see section 3(d) as an extension of the definition of invention and to link section 3(d) with clauses (j) and (ja) of section 2(1) ..... finding, therefore, is that imatinib mesylate does not qualify the test of invention as laid down in section 2(1)(j) and section 2(1)(ja) of the patents act, 1970.158 ..... chapter has the heading inventions not patentable and section 3 has the marginal heading what are not ..... that under the patents act, 1970, articles of food, medicines and drugs and chemical substances could be patented only for a new method or process of manufacture, not for the products as such (section 5 of the 1970 act). ..... we may not take a look at how the patent and designs act, 1911, and the patents act, 1970, impacted the pharmaceutical industry and the availability of drugs in ..... of the appeals before us, we observe that the appellant s alleged invention won t be worthy of a reward of any product patent on the basis of its impugned application for not only for not satisfying the requirement of section 3(d) of the act, but also for its possible disastrous consequences on such grant as stated above, which also is being attracted by the provisions of section 3(b) of the act which prohibits grant of patent on inventions, exploitation of which could create public disorder among other things (sic .....

Bayer Corporation Vs. Union of India Through the Secretary, Department ...

Court : Intellectual Property Appellate Board IPAB

..... of any trade or industry in india, is prejudiced; or (c) if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or (d) if the patented invention is not being worked in the territory of india on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or (e) if the working of the patented invention in the territory of india on a commercial scale is being prevented or hindered by the importation from abroad of the ..... applicable to working of patented inventions without prejudice to the other provisions contained in this act, in exercising the powers conferred by this chapter, regard shall be had to the following general considerations, namely:-- (a)that patents are granted to encourage inventions and to secure that the inventions are worked in india on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; (b)that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; (c)that ..... therefore, we have to understand the perspective from which the chapter of compulsory licence was introduced and is still there in the patents act, 1970 as amended by the patents (amendment) act, 2005. .....

M/S. N.V. Diamcad and Another Vs. the Assistant Controller of Patents ...

Court : Intellectual Property Appellate Board IPAB

..... patents act, 1970 (in short act) lists the various grounds on which any person may oppose the grant of patents ..... sections 57 and 59 of the patents act, 1970. ..... inconsistencies between the claims and the description of that there might be no, or an erroneous, explanation of the function of a particular mechanism where such an explanation was not necessary for the purpose of instructing the reader how to build an embodiment of the invention as described was not relevant in considering an objection on the ground of insufficiency: b.that, although a person wishing to make a chair according to the description in the specification might ..... for amendmentof the claimsthe intent of amendments and arguments is only relevant insofar as it can be interpreted as an attempt to limit the scope of protection to make the invention patentable.section 58 and section 59 also requires that the claims of a patent as granted may not be amended during opposition/appeal proceedings in such a way as to extend the protection conferred by the originally granted claims ..... image has been deleted from the amended specification (please refer lines 3-4, page 48, vol.4)furthermore, the chart includes the following features, which though being not present in the opposed patent, are not disclaimed in its claims and therefore are irrelevant to the analysis and it seems that they have been included in the chart intentionally to increase the number ..... chapter v of the patent act deals with opposition proceedings to grant of patents .....

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

..... . interestingly, the patents act, 1970 defines the expression 'new invention' separately under section 2(1)(l) to mean ".any invention or technology, which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with ..... ".83. general principles applicable to working of patented inventions :- without prejudice to the other provisions contained in this act, in exercising the powers conferred by this chapter, regard shall be had to the following general considerations ..... i have indicated elsewhere, the patents act, 1970, is divided into 23 ..... chapters. chapter xvi containing sections 82 to 98, deal with the ".working of patents, compulsory ..... division bench of the delhi high court did not take into account the fact that the general considerations indicated in section 83 are applicable only for the exercise of the powers conferred by chapter xvi. ..... case on hand falls under chapter xviii, to which, those considerations do not ..... ".. section 83, which is found in chapter xvi states that while exercising powers under chapter xvi, due regard should be had to certain general considerations, which are listed out in clauses (a) ..... as rightly contended by mr.m.sundar, learned counsel for the plaintiff, even if prosthesis happens to be a drug, the prescriptions contained in clauses (d) and (g) of section 83 are intended to be applied only while exercising the powers under chapter xvi for compulsory .....