Court : Mumbai
Reported in : 2009(3)BomCR896; 2009(111)BomLR479
..... section 6 of the act provides for the persons who are entitled to apply and it says that application can be made for a patent and for invention by ..... what is the scope and effect of section 100 of the patents act, 1970 (as amended) and its impact in the ..... be appropriate to quote section 156 of the patents act, which reads thus:section 156 : patent to bind government - subject to the other provisions contained in this act, a patent shall have to all intents the like effect as against government as it has against any person. 19. ..... patents act, 1970 provides for applications for patents ..... claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india;(b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor;(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;(d) that the subject of any claim of the complete specification is not an invention within ..... the patents act, 1970 was passed ..... the provisions of patents act, 1970 (hereinafter referred to as the act) and the patents rules, 2003, (hereinafter referred to as the rules) these patents were examined by the examiner and acting on his report after thorough scrutiny, 240 patent was sealed on 27.10.2005, while 177 patent was sealed on ..... by 1970 act in contrast to the patents and designs act 1911 .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi249; 1989(1)ARBLR339(Delhi); 38(1989)DLT78
..... persons entitled to apply for patents-(1) subject to the provisions contained in section 14 an application for a patent for an invention may be made by any of the following persons, that is to say,- (a) by any person claiming to be the true and first inventor of the invention; (b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application; (e) by the legal representative of any deceased person who immediately before his death was entitled to make such an application. ..... section 6 of the act confers a right to apply for patents and reads as under : 'section 6. ..... (1) this first appeal under section 116 of the patents act. ..... (2) learned counsel for the appellant has urged that the controller has misdirected himself and has ignored the provisions of section 5 of the patents act, 1970 (hereinafter referred to as 'the act') while rejecting the claim of the appellant. ..... what is an invention has been defined in section 2(i)(j) of the act which reads as under: 'section 2(i)(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'; reading of section 2(i&j;) confirms that even 'any new and useful, art, process, method or manner of manufacture' qualifies as an invention for the purposes of grant of patent. .....
Tag this Judgment!Court : Karnataka
Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)
..... 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. ..... in the instant case, the grounds urged as a counter claim in the suit for infringement of revocation of patent are as provided in clauses (b), (e) and (f) of section 64(1) of the act, which reads as under:section 64(1)(b): that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor:clause (e): that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in india before the priority date of the claim or ..... 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 from .....
Tag this Judgment!Court : Karnataka
..... 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. ..... in the instant case, the grounds urged as a counter claim in the suit for infringement of revocation of patent are as provided in clauses (b), (e) and (f) of section 64(1) of the act, which reads as under: section 64(1)(b): that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor: clause (e): that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in india before the priority date of the claim or ..... 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 from .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT7(HC)
..... 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. ..... number of applications for patents originating from australia and claiming priority on the basis of the corresponding applications made in australia in pursuance of subsection (4) of section 78a of the indian patents and designs act, 1911 are pending since the patents act, 1970 came into force. ..... section 78a gave any person who had applied for protection for any invention or design in the united kingdomand other countries notified under section 78(4) to claim that the patent that might be granted to him under the 1911 act would be in priority to other applicants and have the same date as the date or the application in the united kingdom, or other notified country.11 ..... 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. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... for the applicant contended that this patent was granted on the application of a person not entitled under the provisions of the patent act to apply ..... therefore, as per section 64 of the patents act, application for a patent can be made, inter alia, only by a person claiming to be the true and first ..... he submitted that the subject of the claim of complete specifications in this patent is not an invention within the meaning of the term under patents act 1970 and the invention so far as claimed in the specification is not new, having regard to what was publicly known and used in india before the ..... the act of the 2nd respondent in applying for and obtaining a patent for a method of making coir tufted rubber mats is wholly illegal so far as while the process of making rubber tufted coir brush mats were known to the trade earlier and hence not ..... application under section 64 of the patent act 1970 has been filed ..... it may be true that there is a possibility that there are similarly placed persons interested in the coir tufted rubber mats manufacturing sector and who have been involved in the same, in kerala, for a long time, patentees claim is solely over the novel process of manufacturing coir tufted rubber mats ..... the patent is for the invention entitled a method of making coir ..... jeevanandam submitted that prior to the introduction of the products manufactured by way of the patent in the market, the coir mats available were mostly pvc tufted coir mats which were made using liquid compounded .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... , section 25 of the patents act, 1970 provides for opposition to grant of patent once these stages are crossed and the trade mark is registered or the patent is granted, then the person aggrieved is entitled to file a rectification application under section 57 of the trade marks act or revocation application under section 64 of the act patents act, 1970. ..... do not think that the said proposition applies to the rights created by the trade marks act or the patents act. ..... but, whatever we decide, it would apply, not only to the proceedings under the trade marks act, 1999 but also to proceedings under the patent act, 1970 and under geographical indications act, or under any other act, which is brought under the ipab umbrella in the ..... this judgment will apply if the controller under section 84 had proceeded to grant interim compulsory license against the patentee that would be the relief itself a positive act done granting the license which is the relief sought for in the main ..... mr.gupata contended that since section 31 (1) (b) of the act contemplates adjudication, the copy right board had the trappings of a quasi judicial authority which inheres in itself the right to pass interim orders in the interest of parties and to apply the principles of natural justice, keeping in mind the public ..... it was submitted that super cassettes case will not apply to intellectual property appellate board as adjudicatory power between adversaries whereas the copyright board is only to enquire into the .....
Tag this Judgment!Court : Chennai
..... section 64 of the patent act, they are entitled to counter claim assailing the patent granted in favour of plaintiff, in a suit for infringement ..... the core is not dipped and dried in any solution2vtl does not use and has never used any sncb in any of their transformers3vtl has never acquired the knowledge of the said treatment, nor applied that on any core4vtl has not used any equalizer winding on the transformer5vtl has not used such segmentation of hv winding on the transformer 34. from the above, it is clear that, ..... rules read with sec.48, 104,108 of the patents act, 1970 to pass the following judgment and decree (a) permanent injunction restraining the defendants, by themselves, their men, servants, agents, distributors, stockiest, representatives or any one claiming through them from in any manner infringing the plaintiff's patent granted under no.198725 by making, using or selling an identical invention as found in the plaintiff's patent for midget transformers with built in state node circuit ..... , as per section 64 (h) of the patent act, when the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in india possessing average skill in, and average knowledge of, the art to which the invention relates, to .....
Tag this Judgment!Court : Mumbai
..... act, may, be revoked on a petition of any person interested or of the central government by the appellate board or on a counter-claim in a suit for infringement of the patent by the high court on any of the following grounds that is to say (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india; (b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply ..... proceeding for pre-grant of patents under section 25(1)(a) of the patents act or could have resorted to proceeding by filing petition/application under section 64(1)(a)(b) of the said act. ..... considering the provisions of the patents act, 1970, we find that the plaintiff has an alternate efficacious ..... efficacious remedy of approaching authorities under the patents act, 1970. ..... refer to the provisions of section 64(a)(b) of the patents act, which reads as under: ..... that the plaintiff has not exhausted alternate efficacious remedy available under the patents act, 1970 or pre-grant opposition under section 25(1)(a) of the said act. ..... section 64(1)(b) any person can oppose patent on the ground that patent ..... kale that the discretion exercised by the deputy register under section 56 of the act in the respondent's favour should not be lightly disturbed and the appellate court should therefore not disturb the judgment and order .....
Tag this Judgment!Court : Mumbai
..... act, may, be revoked on a petition of any person interested or of the central government by the appellate board or on a counter-claim in a suit for infringement of the patent by the high court on any of the following grounds that is to say (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india; (b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply ..... proceeding for pre-grant of patents under section 25(1)(a) of the patents act or could have resorted to proceeding by filing petition/application under section 64(1)(a)(b) of the said act. ..... considering the provisions of the patents act, 1970, we find that the plaintiff has an alternate efficacious ..... efficacious remedy of approaching authorities under the patents act, 1970. ..... refer to the provisions of section 64(a)(b) of the patents act, which reads as under: ..... that the plaintiff has not exhausted alternate efficacious remedy available under the patents act, 1970 or pre-grant opposition under section 25(1)(a) of the said act. ..... section 64(1)(b) any person can oppose patent on the ground that patent ..... kale that the discretion exercised by the deputy register under section 56 of the act in the respondent's favour should not be lightly disturbed and the appellate court should therefore not disturb the judgment and order .....
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