Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 129 restrictions on practice as patent agents Page 1 of about 469 results (0.178 seconds)

1.The State of Tamil Nadu Vs. 1.M.Seeniammal

Court : Chennai

..... respondent in w.a.no.1369 prayer writ appeals filed under section 15 of letters patents act against the order of this court dated 18.06.2013 in ..... respondent in w.a.no.1358 prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 18.06.2013 ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 11.08.2011 ..... respondent prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 ..... respondent prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 16.04.2012 ..... when regular recruitment is undertaken, the respondents in cas nos.3595-612 and those in the commercial taxes department similarly situated, will be allowed to compete, waiving the age restriction imposed for the recruitment and giving some weight age for their having been engaged for work in the department for a significant period of time. ..... paragraph nos.5 to 8 of the said decision, the supreme court held as follows: ".5.the issue involved here remains restricted as to whether the services of the part-time sweepers could have been directed by the high court to be regularised. .....

Rajeev Indravadan Modi and ors. Vs. Instance Laboratories Pvt. Ltd. an ...

Court : Gujarat

Reported in : (2001)3GLR2010

..... according to the plaintiffs, it was a counter-claim for revocation, and therefore, by virtue of proviso to section 104 of the patents act read with section 64 of the said act, the suit was required to be transferred to the high court by the court below. ..... in anticipation of an action, such provision cannot be brought into play, since proviso to section 104 of patents act only contemplates a 'counter-claim' and not intention to prefer a counter-claim or a proposed or anticipated counter-claim. 18. ..... therefore, the contention regarding the transfer of suit under the proviso to section 104 of the patents act under which the application was tendered before trial court cannot be accepted. ..... in absence of pleadings in the written statement and in absence of a separate counter-claim, it cannot be said that the defendants are coming with the counter-claim as contemplated under section 104 of the patents act or that the suit requires to be transferred therefore. 17. ..... section 104 of the patents act provides that no suit for declaration under section 105 or for any relief under section 106 for the infringement of patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit. ..... ) has not considered the provisions of section 116 of the patents act, and therefore also, it would not be applicable here. .....

India Nippon Electricals Limited Vs. Bajaj Auto Limited and Another

Court : Intellectual Property Appellate Board IPAB

..... prior to the grant of patent, these opposition proceedings are not to be treated as coming under the category of pre-grant opposition by way of third party intervention opposition as provided under section 25(1) of the act, as amended by the patents (amendments) act, 2005, to be finally regarded as non appealable proceeding for the party who is aggrieved, when the hearing in respect ofopposition proceedings have been conducted and finalised after the patents act, 1970 as amended by the patents (amendments) act, 2005 came into force. ..... submitted that the impugned order ought not to be confused, as if, it is an order passed under section 25(1) of the patents act, 1970 (as amended by the amending act of 2005) consequent to an opposition by a third party intervention opponent. ..... merely to modify the former enactment by engrafting an exception or granting an exemption, or by super-adding conditions, or by restricting, intercepting or suspending its operation, such modification would not amount to a repeal. ..... 292), meaning, no doubt, that it is a rule based on the practice of parliament; the underlying assumption being that, when parliament intends prejudicially to affect such rights or such a status, it declares its intention expressly, unless, at all events, that intention is plainly manifested ..... in england, to obviate such a situation a practice was developed to insert a saving clause in the repealing statute with a view to preserve rights and liabilities that had already accrued or .....

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Reported in : LC2010(1)278

..... ) either allowing or rejecting a pre-grant opposition filed under section 25(1) of the patents act, 1970 (patents act.).2. ..... if they are still aggrieved by that decision under section 25(4) of the patents act, they can file an appeal before the ipab in terms of section 117a of the patents act.where the pre-grant opposition is by a third party19. ..... while a pre-grant opposition can be filed under section 25 (1) of the patents act at any time after the publication of the patent application but before the grant of a patent, a post-grant opposition under section 25(2) of the patents act has to be filed before the expiry of one year from the date of the publication of the grant of patent. ..... as on that date against an order rejecting the pre-grant opposition under section 25, an appeal was available to span before the high court under section 116 of the patents act (it must be clarified here that although section 117 a was inserted in the patents act in 2002, it was not notified till 2nd april 2007 and therefore as on august 2006 the older regime of an appeal before the high court under section 116 continued). ..... however, even while it noted that no appeal against an order under section 25 (1) of the patents act was maintainable before the ipab, the high court transferred the said appeal also to the ipab because section 117 g mandated that all appeals against any order or decision of the controller would get transferred to the ipab.10. .....

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Kolkata

Reported in : 2006(3)CHN577

..... in terms of provisions in section 24a of the patents act, 1970, the controller sent the application for patent to an examiner for making report to him whether the inventions were not inventions within the meaning of the patents act, 1970, section 3. ..... the writ petitioners are aggrieved by the decision of the assistant controller of patents and designs dated december 28, 2004 rejecting their application for exclusive marketing right under provisions of the patents act, 1970, section 24a.2. ..... counsel for the respondents argues that provisions in sub-section (2) of section 24a of the patents act, 1970 empowered the controller to ignore the report of the examiner and decide the application on the basis of result of his own investigation.8.i am afraid such contention, if accepted, is bound to defeat the legislative mandate given by sub-section (1) of section 24a of the patents act, 1970 that cast on the controller an unqualified obligation to obtain a report from the examiner for the purpose of giving final decision in an application for grant ..... counsel for the petitioners argues that in view of provisions in section 24a of the patents act, 1970 the controller was under an unqualified obligation to consider the report of the examiner. ..... he says that in view of that section 78 application of the petitioners, if is directed to be decided afresh, can be decided only for the limited purpose of examination for grant of patent under section 11b(3) of the patents act, 1970.10. .....

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

..... force. in other words, the forum of appeal was the appellate board and the right of appeal was restricted to an order passed by the controller under sub-section 4 of section 25 of the patent act, 1970 as amended from time to ..... (2). (2) a person shall not be qualified for appointment as a technical member for the purposes of this act unless he-(a) has, at least five years, hold the post of controller under this act or has exercised the functions of the controller under this act for at least five years; or (b) has, for at least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a masters degree in science from any university established under law for the time being in ..... force or equivalent; or (c) has, for at least ten years, been an advocate of a proven specialized experience in practicing law relating to patents and .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... patentability under section 3(j) of the patents act, 1970, is congruent with the amendment of article 53(b) of the epc, wherein, ..... ..... act, 1955 provide ..... practices for the purposes of this act :-"********** ********* (7) the obtaining or procuring or abetting to obtain or procure by a candidate or his ..... patent was infringed by use when an unauthorized person developed and commercialized seeds containing the ..... act ..... patent application claiming a new variety of soybean resulting from artificial cross-breeding and 14guidelines for examination of biotechnology applications for patent, office of the controller general of ..... patent in india or if a priority is claimed after the date of ..... patent ..... ..... patented technology and trademarks, erred in effectively directing it to compulsorily license the same to the nuziveedu, in direct conflict with the entire scheme of the patents act, 1970 and the trade marks act, 1999, which it is submitted, are in circumvention of the due process of law contained in chapter iv of the patents act, ..... ..... patentability of monsanto s subject varieties) highlighted that the ..... act, coupled with a negative agreement, express or implead, not to do a certain ..... ..... ..... patent, on a construction of section 3 (j) of the patents ..... act and its conscious exclusion of patent protection to matters falling within ..... patentability within the purview of section 3(j), and monsanto cannot assert ..... .....

The Kohinoor Mills Co. Ltd. Vs. Vijay Bharat Thread Mills (India)

Court : Mumbai

Reported in : (1958)60BOMLR397

..... that was led before me it came out that the respondents' design had been published in india prior to the application for registration of that design under the patents and designs act, 1911, with the result that there is no dispute now between the parties that the design was published in india prior to the application for its registration. ..... , on the other hand, contends that the application would lie to any high court and that the definite article 'the' before the words 'high court' has not been used in the section with any design so as to confine the application to any particular high court having regard either to the person against whom the petition is to be filed or the subject-matter of the ..... the petitioner has filed this petition under the provisions of section 51a of the patents and designs act, 1911, for an order that the registration of the respondents 'sanyasi' ..... what i have to consider is whether the legislature intended to restrict the jurisdiction of the high courts in respect of an application for the revocation of a patent or the cancellation of the registration of a design having regard to the subject-matter of the application or having regard to the place of residence of the respondents to the application or the place where he ..... has no purpose beyond merely carrying the ornament, as, for instance, in the case of a drawing, painting, or photograph upon an ordinary piece of paper, the article is so subordinate to the ornament that it may be said practically to disappear. .....

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

..... least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a masters degree in science from any university established under law for the time being in force or equivalent; or(c) has, for at least ten years, been an advocate of a proven specialized experience in practicing law relating to patents and designs.section 117a(1) save as otherwise expressly provided in sub- section (2), no appeal shall lie from any decision, order or direction made or issued under this act by the central government, or ..... . even as on 20.5.2003 vide section 25 only one right to oppose a patent at the pre-grant stage was available and appeal against an order, passed by the earlier, lay before the high court under the then existing section 116 of the patents act, 1970 for the reason that the amended sections 116 and 117a were not brought into force.12 ..... . similarly, under the patents (amendment) act, 2005, appeal was restricted to the post-grant opposition orders and that appeal lay before the appellate board and not to the high court ..... . here also, section 25 of the patents act, 1970 as amended by patents (amendment) act, 2005 (which refers to 'pre-grant opposition' and 'post-grant opposition') was brought into force on and from 1.1.2005 whereas amended section 117a by which appeal was provided for against post-grant opposition order was not brought into force till 2.4.2007 .....

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

..... the case on hand, pre and post grant oppositions had been raised in respect of the patent granted to the applicant/plaintiff and under section 43 of the patents act 1970, it is open to a party who is opposing the patent to prove that there are no inventive steps in the invention of the patent and therefore, the patent granted need not be taken into consideration at least at the time of granting order of ..... section 2(m) of the patents act, 1970 defines 'patent' means a patent for any invention granted under this act.the term 'invention' is defined under section 2(j) of patents act, 1970 as, 'invention', means a new product or process involving an inventive step and capable of industrial application.the said definition of 'invention' itself was substituted by act 38 of 2002 and before that the said section 2(j) stood as follows:'invention' means any new and useful-(i) art, process, method or manner of manufacture, (ii) machine, apparatus or other article,( ..... test of 'obviousness' which forms part of the term 'inventive step' under section 2(a) of the patents act, 1970 will have to be decided only in an appropriate manner in a full-fledged ..... the 4th respondent/4th defendant that in a suit instituted under the patents act, no interim order can be granted regarding passing off, it is submitted by the learned counsel appearing for the applicant/plaintiff that section 48 of the patents act, 1970 speaks about the rights of patentees. ..... instruct the public how to put the invention in practice. .....