Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 129 restrictions on practice as patent agents Court: kolkata Page 1 of about 4 results (0.100 seconds)

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. .....

Danieli a C Officine Maccaniche Spa Vs. Controller of Patents and Desi ...

Court : Kolkata

Reported in : (2000)1CALLT7(HC)

..... new zealand, eire, ceylon and canada were declared as convention countries under section 133(1) of the patent act, 1970 from the dale of commencement of that act so as to continue the existing arrangements with these countries without any break. ..... questions have been formulated by the learned single judge by his order dated 18th february, 1999 for determination of the larger bench--(a) whether the appeal was maintainable under section 116 of the patents act, 1970 (referred to as the act); and (b) whether the order of the controller dismissing appellant's application under section 135 of the act was in confirmity with the letter and spirit of section 133 of the act or not.3. ..... had there been no other statutory provision it would have meant that applications made to a country which may have been notified as a convention country under the 1911 act would not be entitled to the benefit of priority under section 135 of the 1970 act as the right would be restricted to those countries notified after the 1970 act came into force and applications made after such notification. ..... with the grant, the patentee is conferred the exclusive right by himself, his agents or licensees to make, use exercise, sell or distribute the invention in india (vide section 48). .....

Poysha Industries Co. Ltd. Vs. Dy. Controller of Patents and Designs

Court : Kolkata

Reported in : AIR1975Cal178

..... learned counsel appearing on behalf of the respondents, that it will not be disputed in future proceedings, if any, that the appellants are persons interested within the meaning of section 64 of the patents act, 1970.17. ..... quite clear that i have come to no finding whether this particular container closure amounts to an invention within the meaning of the indian patents and designs act, 1911, or the patents act, 1970. ..... the patents act 1970 came into force on or about 21st of september, 1970 and rules thereunder were published sometime on 20th ..... it was possibly open to the appellants to amend their opposition filed before the deputy controller of patents and designs after the new act of 1970 came into force and include this new ground of opposition but the same was not done and therefore the only ground which was agitated and which could be considered in this ..... subsequent act of 1970 which came into existence during the pendency of this application the grounds for opposition to the grant of a patent have been ..... in the said opposition the appellants, objected to the grant of patent under section 9(d) of the indian patents and designs act, 1911, on the sole ground that the invention has been publicly used in a part of india or has been made publicly known in any ..... an indian company, the respondents herein applied under sections 3 and 4 of the indian patents and designs act, 1911 for a patent of the aforesaid invention, in the office of the patents and designs on or about 16th april, 1969 .....

Raytheon Company Vs. the Controller of Patents and Designs and anr.

Court : Kolkata

Reported in : AIR1974Cal336

..... that contention is not open for two reasons firstly, in view of sub-section (1) of section 116 of the patents act, 1970, and secondly, whether the opinion of the central government under section 20(1) of the atomic energy act was properly formed or not cannot, in my opinion, be the subject-matter of a collateral challenge in an appeal under the patents act, 1970. ..... so long as the direction under sub-section (6) stands, so far as the controller of patents and designs is concerned he is bound to follow it and so far as the validity of that direction is concerned that is beyond challenge in an appeal under the patents act and more so specially in view of the specific provision of sub-section (1) of section 116 of the patents act, 1970. ..... my attention was drawn to provisions of sections 65 and 80 of the patents act, 1970 and to rule 21 of the patents rule as also to section 4 of the act. ..... appeal to the high court is provided under section 116 of the patents act, 1970, which is in the following terms:--'116. ..... it is true that the central government did not specifically add that the controller or the deputy controller was not to grant the patent but, in my opinion, in substance and for all practical purposes that was the direction. .....

Hiralal Banjara Vs. Bashiram Sharma and ors.

Court : Kolkata

Reported in : AIR1940Cal474

..... but a difficulty is certainly occasioned by sub-section (5), which says that:nothing in this section shall be deemed to empower the controller (a) to rectify the register of patents or to decide any question relating to a patent, otherwise than for the purpose of correcting a mistake of fact apparent from a reference either to the patent itself, or to some order of a competent authority made under any other provision of this act, or (b) to make any such order canceling the registration of a design as is provided for in section 51-a.4. ..... on 30th june 1938, the applicant wrote to the controller of patents calling upon him to exercise his powers under section 64 of the act, by expunging the entries which showed babu ram and the respondent as proprietors, and abdullah miah as licensee. ..... now, it is conceded that by reason of sub-section (5) the controller himself would have no power to rectify the register in the manner which the applicant desires, since there is no question of correcting a mistake of the fact apparent from a reference to the patent itself, nor is it a question of correcting a mistake of fact apparent from a reference to some order of a competent authority made under any other provision of the act, because the order which is to be looked at is the order of the high court setting .....

General Council of the Church of India and anr. Vs. Niranjan Ghose and ...

Court : Kolkata

Reported in : AIR1971Cal471,75CWN489

..... points i hold that this is a fit case where the extraordinary powers of this court should be exercised under clause 13 of the letters patent and an order should be made for transfer of the suit from city civil court to this court, i am satisfied that along with the said order an order under section 24 of the code of civil procedure, the scope whereof is wider than that of the scope of clause 13, should also be made and ..... that time was conscious of the position that the high court had the power under clause 13 of the letters patent and did not intend to affect the said power in any way and as such expressly made the said provision by framing section 9, sub-section (3) of the city civil court act which has been set out hereinabove. ..... for a declaration that the alleged ordinary session of the general council of the church of india held on 2nd to 4th january, 1970, is not a legal and valid session and held with illegal members and convened in breach of the provisions of the constitution, canons ..... of the fact that the city civil court has been vested with the restricted jurisdiction as defined by the said statute itself. ..... -- all questions, other than questions relating to procedure or practice, which arise in suits or proceedings before the city civil court, shall be dealt with and determined according to the law for the time being administered by the high court in the exercise of ..... permanent injunction restraining the defendants and/or their agents from giving effect to the decisions etc .....

imperial Chemical Industries Ltd. Vs. Controller General of Patents, D ...

Court : Kolkata

Reported in : AIR1978Cal77

..... on 14th june, 1976 the appellant asked that under rule 114 of the patents rules, 1972 read with section 88(2) of the patents act, 1970 the appellant be given a hearing before the directions contained in the order dated 28th may, 1976 ..... , as follows:'accordingly, i have no material before me in support of the patentees other than the statement filed by them under sub-rule (2) of rule 84 of the patents rules 1972 in connection with the application made by the applicants under sub-section (4) of section 88 of the patents act, 1970 and the arguments of shri a.r. ..... consideration the other terms contained in items 8 to 11, in settling the terms for the interim working of the patented invention pending disposal of the application made by the applicants under sub-section (2) of section 88 of the patents act, 1970. ..... , an application was filed on behalf of the second respondent under section 88(2) of the patents act, 1970 for settlement of the terms of licence under the aforesaid patent. ..... did not think it fit to exercise his discretion to interfere at the interim stage as according to the learned judge the parties would have the right of appeal after the final determination under section 88(3) of the patents act, 1970. ..... true that the law deems certain situation in this case apart from any action taken, but in order that such a situation is given practical effect to a rectification or a consequential correction in the register would be necessary as was done in this case for the benefit of public .....

N.V. Philips Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Reported in : (1987)65CTR(Cal)103,[1988]172ITR521(Cal)

..... under section 48 of the patents act, a patent granted would confer upon the patentee the exclusive right to make, use, exercise, sell or distribute the invention in india by himself or by his agents or ..... learned advocate for the assessee drew our attention to the relevant provisions of the patents act, 1970. ..... under section 5 of the patents act, a patent can be granted not for products prepared or produced by chemical processes but for the methods or processes of manufacture ..... the tribunal considered the definition of the word 'patent' in the patents act, 1970, and the indian pa tents and designs act, 1911, and also the provisions therein for the grant and user of patents and held that a patent was a right recognised by law for exclusive use of an invention by the inventor who had obtained patent therefor or by his nominees or licensees against payment in lump or a periodic payment related to the turnover or in any other manner as agreed ..... process over which it had exclusive domain and wanted the same to be kept a secret and not meant for the public and granted the company right to utilise the same only in the aforesaid restricted manner. ..... analogy of a teacher in parting with his knowledge to the pupil cannot have any application because the teacher does not impose such restriction. ..... a result, the user or disclosure really shows that the assessee treated the said processes and information as its own exclusive property and did not part with the same except on the above restriction. .....

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

..... of administration with the will annexed, and parts xxxiii to xl (both inclusive), so far as they relate to an executor and an administrator with the will annexed, shall, notwithstanding anything contained in section three hundred and thirty-one of the said act, apply (a) to all wills and codicils made by any hindu, jaina, sikh or buddhist, on or after the first day of september one thousand eight hundred and seventy, within the said ..... . for instance, by section 58 of the indian succession act, grant of probate of a will executed by a mohammedan is totally excluded from the operation of that act and thus, in respect of a will executed by a mohammedan testator, this court in exercise of power of letters patent read with original side rules can still entertain such application and dispose of the same provided the cause of action for filing such application arises within the territorial ..... .the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply (a) to all wills and codicils made by any hindu, buddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the ..... .- the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply- (a) to all wills and codicils made by any hindu, buddhist, sikh or jaina orn or after the first day of september, 1870, within the territories which .....

Bayer Aktiengesellschaft of Leverkusen Federal Republic of Germany Vs. ...

Court : Kolkata

Reported in : AIR1982Cal30

..... according to the respondent this compound is a medicine or drug within the meaning of section 2(1)(1) of the patents act 1970 and as such the period of patent should be limited to 5 to 7 years from the date of sealing or the date of the patent whichever term is shorter, under the provision of section 53(1)(a) of the said act. ..... the provisions of section 2(1)(1) of patents act 1970 are as follows :--(1) 'medicine or drug' includes- (i) to (iii)..... ..... roy chowdhury invited my attention to section 71 of the patents act 1970 which provided that an aggrieved party may apply to the high court for rectification of the register of patents. ..... this is an application under section 71 of the patents act 1970 for rectification of the entry relating to patent no. ..... the petitioners' counsel also construed various sections of the patents act. ..... its application to the respondent where the petitioner had alleged :--'chlorothio-n-phthalimide is a new intermediate product which by virtue of its reactive group is suitable for producing various end products such as her-bicidal compound or auxiliary agents for rubbers.'8. ..... it is alleged in the petition that chlorothio-n-phthalimide is a novel compound and is a new intermediate product suitable for producing various products such as herbicidai compounds or auxiliary agents for rubber. .....