Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 26 in cases of obtaining controller may treat the patent as the patent of opponent Page 3 of about 180 results (0.309 seconds)

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

Court : Kolkata

Reported in : (2000)1CALLT7(HC)

..... 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. ..... power of controller to refuse or require amendment applications in certain cases--(1) where the controller is satisfied that the application or any specification filed in pursuance thereof does not comply with the requirements of this act or of any refuse made thereunder, the controller may either- (a) refuse to proceed with the application; or (b) require the application, specification or drawings to be amended to his satisfaction before he proceeds with the application.' 5. ..... 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. .....

Ms. Anvita Singh Vs. Union of India and Another

Court : Delhi

..... the registration qualifies such a person to act as patent agent and gives certain rights stipulated in section 127 of the act which include entitlement to practice before the controller as well as to prepare all documents, transact all business and discharge such other functions as may be prescribed under the patents act. ..... in the present case, it is significant that there is no dispute that the procedure prescribed and impugned is such that since the marks obtained at the first stage of written test plus the second stage of departmental clinical assessment are not clubbed at all with the interview stage marks, even after clearing of both the first stage of written exam and second stage of departmental clinical assessment by the candidate, the sole determinative factor is the performance in the interview irrespective of the score in written and departmental clinical assessment tests which ..... the 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 experience. .....

Enercon (India) Limited Vs. Alloys Wobben

Court : Intellectual Property Appellate Board IPAB

..... 17.the counsel for the respondent in the written note relating to the opinion of the controller submitted that the respondent disagrees with the learned controller that 'correction 2' and 'correction 3' are not in accordance with section 59(1) of the indian patents act, 1970. ..... so far as the preliminary objection taken by the respondent questioning the locus-standi of the applicant to move the revocation application as a person interested under s.64 of the patents act, 1970 is concerned this question has already been decided against the respondent by this board in the cases between the same parties in ora/43/2009/pt/ch and others by order dated 16.11.2010 ..... to the learned counsel applying the steps, laid down in the above cases, to the present case the following conclusion can be reached: a) the inventive step embodied in claim 1 of the patent is the placement of the measuring means on the rotor hub to measure the mechanical loading of the rotor. ..... according to the counsel with regard to the position of the measurement means the it would be obvious for the skilled person to place the measuring means at the locations where the loading has to be measured and to measure the mechanical load of the rotor the measuring means has to be at the rotor, rotor hub, drive train, stub shaft etc, as the case may be. ..... section 58 (1) is discretionary and the discretion may not be exercised in case where the patentee has delayed the moving of application for amending the specification claims. 10 .....

TianjIn Dishili Investment Holding Group Limited Vs. the Controller Ge ...

Court : Intellectual Property Appellate Board IPAB

..... thereafter, the assistant controller held that claims 4-7 are not allowable under section 3(e) of the patents act, 1970 and claims 7-10 are being beyond the scope of claim 1. 2 ..... the assistant controller held that claims 1-4 could not be allowed in view of section 3(d) of the patents act, 1970 and no proof has been furnished to show enhanced efficacy ..... claims 4-7 are not allowable under section 3(e) of the patent act 1970 as amended in 2005. 5. ..... the claim 1-4 could not be allowable under section 3(d) of patent act 1970 ,and the agent have not able to prove enhance efficacy ..... the learned counsel submitted that in the first examination report, the only objection raised was regarding section 3(d) and the appellant was also asked to address the controller only on the ground of section 3(d) and section ..... on examination and before holding the hearing, the controller shall examine, if, apart from section 3(d), there are other objections ..... the learned counsel for the appellant submitted that the entire order is a collection of materials taken out from the information obtained from internet without any independent application of mind ..... next we come to the 2nd para of the impugned order which starts with the word what is clinical and ends with the disease being treated . ..... the impugned order also records that there is no data to show clinical trial on human beings to support the case of therapeutical efficacy ..... these approaches may include medicines, vitamins, vaccines, minerals, or lifestyle changes .....

Andrews Ponnuraj Vairamani Vs. the Controller of Patents, Chennai

Court : Intellectual Property Appellate Board IPAB

..... therefore, the appeal may be taken on record treating the appeal against an order passed under section 15 read with section 77(1)(f) of the patents act, 1970. 2. ..... the order of the controller in a post grant oppositionsection 25(4)8appeal against the order of the controller with reference to the mentioning of the inventor in the patentsection 289appeal against the order of the controller in giving directions to the co-owners of patentsection 5110appeal against the order of the controller with respect to the patents of additionsection 5411appeal against the order of the controller with regard to the restoration orf lapsed patentsection 6012application against the order of the controller in reference to the procedure adopted in relation to the restoration of the lapsed patentsection 6113appeal against the order of the controller with respect to the surrender of patentssection 6314appeal against the order of the controller revoking the patent in public interestsection 6615appeal against the order of the controller ..... chokalingam referred to the judgement reported in manu/ic/013/2010 and submitted that the appeal has been decided to be maintainable against an order in a review application under the provisions of the trade marks act, 1999, whereas this instant case has to be decided under the patents act, 1970. ..... in the instant case, the appellant has preferred a review petition within seven days against the order passed under section 15 of the act. .....

Novartis AG, rep. by It's Power of Attorney Ms. Ritushka Negi and Anr. ...

Court : Chennai

Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)

..... (i) the controller shall refer the application for patent to an examiner for his report;(ii) such examination is for the limited purpose of finding out whether the patent claim is not an invention within the meaning of section 3 of the act; and(iii) whether the patent claim is an invention, for which no patent could be granted in terms of section 4 of the act?when the reference of the patent claim to an examiner for making his report is confined to the requirements of sections 3 and 4 of the act alone, there is no scope, in my considered opinion, for examining the said patent claim on the basis of any of the other provisions of the act, which may stand attracted when the patent claim ..... only on 28.9.1998; therefore no patent can ever be granted in india to the invention referred to above; the first plaintiff obtained a patent in australia based on the priority on the 'swiss' patent application of july 18, 1997; the 'emr' issued in this case does not disclose the specific substance claimed in the australian patent, on which it is based; the 'emr' granted is vague and indefinite; the first plaintiff is trying to create a monopoly and to take the entire profits out of the sale of drugs covered under the 'emr', adversely affecting the interest of the patients in india; the cost of one capsule marketed .....

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

..... the relevant extract of sub-section (5) of section 3 of the competition act is reproduced below:- "(5) nothing contained in this section shall restrict-- (i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under: (a) xxx xxx xxxx (b) the patents act, 1970 (39 of 1970); (c) xxxx xxx xxxx" 172. ..... (6) of section 84 reads as under:- "(iv) as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the controller may deem fit: provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti competitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the ..... limited: air 1956 sc 614 wherein the court while applying the principle that a later act would override the earlier act, held that the banking companies (amendment) act 1953 must be treated as a later act and that would override the provisions of the earlier displaced persons (debts adjustments) act, 1951. .....

Smt. A. Santhi Kumari, I.A.S., Secretary, A.P. Social Welfare Resident ...

Court : Andhra Pradesh

Reported in : 2003(2)ALD460; 2002(6)ALT326; 2003CriLJ1596

..... in the instant case, we have noticed that the writ appellate court disposed of the appeal preferred by the appellant herein in exercise of its jurisdiction under clause 15 of the letters patent act after full hearing of both the parties to the appeal and the writ appeal itself has been disposed of holding that the points raised and decided by the judgment dated 29-10-2001 in w.a. ..... under clause 15 of the letters patent act, the division bench may reverse, modify or affirm the judgment-decree or order appealed against while exercising its letters patent jurisdiction. 38. ..... section 12 of the act provides for punishment for contempt of court and it says that a contempt of court may be punished with simple imprisonment for a term, which may extend to six months, or with fine, which may extent to two thousand rupees, or with both: provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. ..... the appellant herein in the process of implementing the judgment rendered by a division bench of this court in w.a.no.193 of 2000 consulted and obtained legal advise from the learned advocate general with regard to the effect of the orders made in the writ petition and writ appeal referred to hereinabove. 27. ..... krishnaji dattatraya bapat, : [1970]1scr322 the supreme court has emphasised three pre-conditions attracting applicability of doctrine of merger. .....

Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Reported in : 94(2001)DLT865

..... it may also be added that section 83 of the patent act, 1970 falls under chapter xvi dealing with the working of patents, compulsory licenses, licenses of right and revocation ..... thus the appellant has contended that the title could not have been passed since the lte had failed to apply within the prescribed period of 6 months from the recordal date of the deed of assignment dated 28.3.94 in terms of section 68 of the patents act, 1970 and rule 73 of the patent rules, 1972 framed there ..... arun kathpalia, learned counsel for the appellant, sought to make submissions that in view of section 83 read with section 90(d) of the patents act, 1970 the patent has to be worked out in india by manufacture and not by import. ..... rohatgi, learned senior counsel for the respondent sought to rely on the statement of working of patents filed in the year 1998-99 to contend that the patents are being exploited and thus the present case would not fall within the parameters laid down in franz xaver's case (supra) to categories the patents in the present case as one which are not commercially exploited and thus leading to a conclusion that public was being denied the benefit of such patents by its lack of user ..... on the other hand, the appellant has relied upon a certificate issued by professor kothari to the effect that the result obtained from comparison of d1 and d2 range is that the contactors are ..... these products are fitted in control panels and are thus claimed not visible and not having any aesthetic .....

Macgregor Vs. Westinghouse Elec. and Mfg. Co.

Court : US Supreme Court

..... these cases cannot be property decided, i believe, without consideration of one of the oldest doctrines of the patent law, namely, that a licensee cannot challenge the validity of the patent though everyone else may. ..... [ footnote 2/6 ] nowhere in the sola case did the court intimate that the decision rested upon the importance to the public economy of allowing challenge to the validity of a patent by those particular members of the public who, in a fair bargain, had agreed not to do so. ..... after paying royalties on this product and also on solders containing tin or silver in addition to copper and phosphorus, the licensee obtained patents on the solders containing tin and silver and refused to pay royalties on them. ..... this important difference is disregarded, the sola case is deemed controlling, and the estoppel is left to fend for itself as a legal stray. ..... he further contended that the price-fixing provision 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 agreement illegal. ..... they are not interdependent in fact, and were not so treated by the parties; no artificial notion regarding consideration requires that they be treated as interdependent. ..... sections 5 and 6 of the license agreement, set out below, [ footnote 1 ] required macgregor to sell the solder for no less than the price westinghouse page 329 u. s. .....