Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 129 restrictions on practice as patent agents Court: uk supreme court Page 1 of about 108 results (0.204 seconds)

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 .....

Reynolds Vs. Mcarthur

Court : US Supreme Court

..... said rivers must be extended from said points, and if from the evidence the jury shall be of opinion that the plaintiff's patent covers land without said boundary so fixed as aforesaid, and which is based on an entry covering said land, made in the year 1810, which had pursuant to the acts of congress of the united states been surveyed and sold to the defendant by the united states prior to the year 1810, the ..... asked the court to instruct the jury that as the third section of the act of the congress of the united states of 11 april, 1818, declares "that from the source of the little miami river to the indian boundary line, established by the treaty of greenville in 1795, the line designated as the westerly boundary line of the virginia tract, by an act of congress passed on 23 march, 1804, entitled" "an act to ascertain the boundary of the lands reserved by the state ..... of the statute does not require this construction, neither do the facts that ludlow's line was run by order of the surveyor general, and that the land in controversy was sold by the regular agents of government. ..... of the great miami, which empties into the ohio below the mouth of the little miami, as delineated on the diagram returned by the county surveyor for the defendant in this case, and as the plaintiff's patent covers land west or without the boundary of the district so bounded as aforesaid, and is based on an entry on a virginia continental land warrant, which entry was made in the year 1810, and which said .....

Ebay Inc. Vs. Mercexchange, L. L. C.

Court : US Supreme Court

..... most notably, it concluded that a plaintiff s willingness to license its patents and its lack of commercial activity in practicing the patents would be sufficient to establish that the patent holder would not suffer irreparable harm if an injunction did not issue. id. ..... both the terms of the patent act and the traditional view of injunctive relief accept that the existence of a right to exclude does not dictate the remedy for a violation of that right. ..... like the patent act, the copyright act provides that courts may grant injunctive relief on such terms as it may deem reasonable to prevent or restrain infringement of a copyright. 17 u. s. c. ..... indeed, the patent act itself indicates that patents shall have the attributes of personal property [s]ubject to the provisions of this title, 35 u. s. c. ..... the equitable discretion over injunctions, granted by the patent act, is well suited to allow courts to adapt to the rapid technological and legal developments in the patent system. ..... [ footnote 2 ] to be sure, the patent act also declares that patents shall have the attributes of personal property, 261, including the right to exclude others from making, using, offering for sale, or selling the invention, 154(a)(1). ..... footnote 2 section 283 provides that [t]he several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable. .....

Macgregor Vs. Westinghouse Elec. and Mfg. Co.

Court : US Supreme Court

..... conditions of sale for use or sale in the united states of america, its territories and possessions of brazing solders embodying the invention covered by said letters patent and so long as such brazing solders continue to be covered by said patent, shall be no more favorable to the customer than those which from time to time westinghouse established and maintains for its own sales of similar or competing ..... agreement amounting to a breach thereof for macgregor to reduce westinghouse's sale price or alter westinghouse's selling terms and conditions of sale directly or indirectly either through its own organization, its agents, or others by any device, subterfuge, or evasion, or by any means whatever, or to make the prices lower or the terms or conditions more favorable than those set forth by westinghouse. ..... wrote, "is whether a patent licensee, by virtue of his license agreement, is estopped to challenge a price-fixing clause in the agreement by showing that the patent is invalid, and that the price restriction is accordingly unlawful because not protected by the patent monopoly. ..... patent law and practice 201; moulton, patents 244; rivise and caesar, patentability and validity 10; 2 robinson, patents 820; 2 walker, patents ..... was a violation of the sherman act and the clayton act, and constituted an unlawful use of westinghouse's patent monopoly which rendered the whole license ..... sections 5 and 6 of the license agreement, set out below, [ footnote 1 ] required macgregor to sell the solder .....

Microsoft Corp. Vs. I4i Ltd. Partnership

Court : US Supreme Court

..... argued april 18, 2011 decided june 9, 2011 in asserting patent invalidity as a defense to an infringement action, an alleged infringer must contend with 282 of the patent act of 1952 (act), under which [a] patent shall be presumed valid and [t]he burden of establishing invalidity shall rest on the party ..... among other defenses under 282 of the patent act of 1952 (1952 act), an alleged infringer may assert the invalidity of the patent that is, he may attempt to prove that the patent never should have issued in the first ..... under 282 of the patent act of 1952, [a] patent shall be presumed valid and [t]he burden of establishing in-validity of a patent or any claim thereof shall rest on the party asserting such invalidity. 35 u. ..... , at 124 (explaining that the patent act of 1836 allowed a party sued for infringement to prove, among other defences, that the patentee was not the original and first inventor of the thing patented, or of a substantial and material part thereof claimed to be new (internal quotation marks ..... not persuaded that congress codified a standard of proof when it stated in the patent act of 1952 that [a] patent shall be presumed valid. 35 u. s. c. ..... 292 (1892) (explaining that because the patentee first published this device; put it upon record; made use of it for a practical purpose; and gave it to the public . ..... 1 (1934) (rca) ), judge rich concluded: [section] 282 creates a presumption that a patent is valid and imposes the burden of proving invalidity on ..... 129 (1st rev .....

Joy Vs. St. Louis

Court : US Supreme Court

..... the language of the averment in the petition (which is set out in full in the foregoing statement of facts) shows that the controversy in dispute is not at all in regard to the land covered by the letters patent or by the acts of congress, and no dispute is alleged to exist as to such land, but the dispute relates to land, "which land is a portion of the land formed by accretions or gradual deposits from said river, along said ..... 203 , it was said that, before the circuit court can be required to retain a cause under its jurisdiction, under section 5, act of 1875, it must in some form appear upon the record, by a statement of facts in legal and logical form such as is required in good pleading, that the suit is one which really and substantially involves a dispute or ..... the defendants entered upon the premises on the sixteenth of june, 1896, claiming to own the same as a wharf, under and by virtue of section 9 of an act of congress approved june 12, 1866, entitled "an act authorizing documentary evidence of titles to be furnished to the owners of certain lands in the city of st. ..... by virtue of the first section of an act of congress approved june 13, 1812, entitled "an act making further provision for settling the claims to land in the territory of missouri," the title in fee simple to said concession, survey, confirmation, and outlot was ..... wholly different from the case of a writ of error to a state court founded upon section 709 of the revised statutes of the united states. .....

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

Court : Supreme Court of India

..... provisions of the agreement for a period of 5 years, that is, till january 1, 2000; sub-article 4 allowed india to delay for a further period of five years, that is, till january 1, 2005, the application of the provision relating to product patent, in respect of all articles excluded by the patent act, 1970 [section 5 of the act as before it was amended:section 5. ..... 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. ..... to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a member, only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this agreement and where such practices are not applied in a manner which would constitute a disguised restriction on trade.article 7objectivesthe protection and enforcement of intellectual property rights should contribute to the ..... 129. .....

FranklIn Vs. Lynch

Court : US Supreme Court

..... but, recognizing the probability of improvident and hasty sales being made, congress provided that the land could not be sold until after the patent had actually issued, and even then only one quarter could be sold in one year, three quarters in three years, and the balance in ..... applied to be enrolled as a citizen of the choctaw nation she, ipso facto, subjected herself to the restriction upon alienation of indian land imposed upon all members of the tribe. ..... while the act of april 21, 1904, removed some restrictions, it did not permit either members of the tribes or non-indians to sell mere float ..... 1402), which provides that "all the restrictions upon the alienation of lands of all allottees of ..... the act of 1904, relied on by plaintiff, removed some of the restrictions, page 233 ..... membership in an indian tribe by intermarriage cannot thereafter claim the rights of an indian as to receiving allotment and the rights of a white non-indian as to alienation, and all parties dealing with such a person do so with knowledge of the restrictions on alienation imposed by the act of 1902. ..... dealt with her, as to land thereafter allotted to her, were charged with knowledge that the act of 1902 declared that such land should not be affected by any contract made before allotment. ..... she promptly made her selection, and on december 12, 1906, received a patent to land, all of which, except the homestead, she, on december 14, 1906, sold for value to lynch ..... law containing this section was extended (32 stat .....

Andrus Vs. Shell Oil Co.

Court : US Supreme Court

..... , the owner of a valid mining claim located before february 25, 1920, on lands covered by the 1914 act, in order to obtain a patent to the minerals, is required to acquire the outstanding interest of the surface owner and thereafter to execute a deed of reconveyance ..... is whether oil shale claims brought under this saving clause of the mineral leasing act must satisfy the usual standards of patentability, or instead may be patented through the use of a "discovery" standard different from that which generally ..... believe that pre-1920 oil shale claims must fulfill the then firmly established requirements of patentability for all valuable minerals under the general mining law, i respectfully dissent from the ..... certain other minerals from the general mining law, but preserved "valid claims existent at date of the passage of this act and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, ..... "secretary wilbur: as a matter of conservation, what you say is true, but what we have to meet here is the fact that, in the leasing act, there was a clause to the effect that valid existing claims were not included, and so we are dealing with claims that are thought to be valid ..... the fact that there has not been discovered, as i understand it, any practical economical method of extracting oil from the shale in competition with oil wells ..... a hearing examiner, who, in 1970, ruled the claims valid. ..... . 129, 140-142 (1945); location .....

Eldred Vs. Ashcroft

Court : US Supreme Court

..... ends; that they must seek "to promote the progress" of knowledge and learning; and that they must do so both by creating incentives for authors to produce and by removing the related restrictions on dissemination after 248 expiration of a copyright's "limited tim[e]"-a time that (like "a limited monarch") is "restrain[ed]" and "circumscribe[d]," "not [left] at large," 2 s. johnson, a dictionary of the ..... and knowledge of the structure; and then, and then only, when the danger of competition should force him to secure the exclusive right, he should be allowed to take out a patent, and thus exclude the public from any farther use than what should be derived under it during his fourteen years; it would materially retard the progress of science and the useful arts, ..... start, has routinely applied new definitions or adjustments of the copyright term to both future works and existing works not yet in the public domain.19 such consistent congressional practice is entitled to "very great weight, and when it is remembered that the rights thus established have not been disputed during a period of [over two] centur[ies], it ..... third section [of the 1793 act] requires, as preliminary to a patent, a ..... large enough to suggest that unnecessarily high prices will unnecessarily restrict distribution of classic works (or lead to disobedience of the law)-not just in theory but in practice. cf ..... rate the crs has applied in the case of books whose copyrights were renewed between 1950 and 1970 ..... 1970 ..... 1970 .....