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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

..... . 293/06 was filed in the high court, chapter xix of the parent act as amended vide patents (amendment) act, 1999 continued to be in operation notwithstanding the enactment of the patents (amendment) act, 2002 and the patents (amendment) act, 2005 as the amended sections 116 and 117a were brought into force only vide notification dated 2.4.07 ..... this matter is a classic illustration of the confusion which has emerged on account of the postponement of in-part commencement of patents (amendment) act, 2005.4. ..... . in short, by the patents (amendment) act, 2005, for the first time a dichotomy was introduced in the patent law between 'opposition to the pre-grant' and 'opposition to the post-grant of patent' ..... material particular was false to his knowledge;(i) that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in india by the patentee or a person from whom he derives title;(j) that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the .....

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Reported in : (2003)1UPLBEC496

..... notwithstanding anything contained in sub-section (1), all appeals of the nature referred to in that sub-section pending before the high court immediately before the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall be heard and disposed of as if that sub-section had not been enacted.'34. ..... high courts (amalgamation) order, 1948, or in any other law, no appeal arising from an application or proceeding, instituted or commenced whether prior or subsequent to the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall lie to the high court from a judgment or order of one judge of the high court, made in the exercise of jurisdiction conferred by articles 226 or 227 of the constitution, in respect of any judgment, order or awards-(a) of a tribunal, ..... court of statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect ..... shankar prasad : (1999)iillj600sc . ..... shankar prasad : (1999)iillj600sc . .....

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

Court : Delhi

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

..... i.e. the patents act, 1970 as amended vide amendment act of 1999 continued to be operative notwithstanding the enactment of the patent amendment act, 2002 and the patent amendment act, 2005 since section 47 of the amendment act of 2002 which replaced chapter xix was being brought into force ..... .(2).it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision.9 ..... material particular was false to his knowledge; (i) that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in india by the patentee or a person from whom he derives title; (j) that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the .....

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Reported in : LC2010(1)278

..... 293/06 in the high court under section 116, as it stood on 19.10.06 under the patents (amendment) act, 1999. ..... prior to its amendment in 2005, against an order under section 15 refusing a patent and against an order under section 25, an appeal lay in terms of section 116 of the patents act to the high court. ..... therefore where a pre-grant opposition under section 25(1) is filed by a person who is a third party and not a person interested in the sense of the term under section 25(2) or section 64 of the patents act, and such pre-grant opposition is rejected by the controller, it would be for this court when approached by such third party pre-grant opposer under article 226 of the constitution to determine if in the facts and circumstances, the petition requires to be entertained.pre-grant opposition is accepted and the grant of patent is refused22. ..... maintainability of a writ petition by such third party pre-grant opposer against the controller's order rejecting the opposition, this court would like to observe that the power under article 226 of the constitution is wide and can be exercised on the facts and circumstances of a given case where it appears to this court that there is no other efficacious remedy available or that the interests of justice require this court to interfere.21. .....

Krishna Autar Mittal Son of Sri Ram Bharosey Lal and Ghanshyam Das Son ...

Court : Allahabad

Reported in : AIR2007All90

..... the counsel for the respondents has rightly pointed out that there being no prayer in the special appeal for declaring the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981 as ultra vires and there is no challenge to provisions of chapter viii, rule 5 of the rules of the court in this special appeal, the appellant is not entitled to raise this question ..... the uttar pradesh high court (abolition of letters patent appeals) (amendment) ordinance, 1972 and the uttar pradesh high court (abolition of letters patent appeals) amendment act, 1972 are, technically speaking on a matter which is within the exclusive competence of the parliament in that they touch a question of 'constitution and organization' of the high court; but since such a provision was necessary for effective legislation on 'land', it does not ..... patent was amended and it was made subject to legislative power under section 71 of the government of india act, ..... conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of this constitution:provided that any restriction to which the ..... only on that short ground the appeal .....

Novartis AG represented by It's Power of Attorney Ranjna Mehta Dutt Vs ...

Court : Chennai

Reported in : (2007)4MLJ1153

..... mere discovery of any new property or mere new use of a known substance or of the mere use of a known process; machine or aparatus unless such known process results in a new product or employs atleast one new reactant.section 3(d) as amended by the patents (amendment) act, 2005 with effect from 01.01.2005: the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new ..... the prayer in both the writ petitions is one and the same namely, for a declaration that section 3(d) of the patents act, 1970, amended by patents (amendment) act 15/2005, is unconstitutional. ..... prior to amending act 15/2005, there were amending acts 17/1999 and 38/2002. ..... in short, the argument is that the proceeding under article 32 cannot be converted into or equated with a declaratory suit under section 42 of the specific relief act.the hon'ble judges of the supreme court in that case referred to the earlier judgment of the supreme court referred to above as well as the judgments reported in : [1950]1scr566 (rashid ahmed v. ..... on this short ground, the section must be held to be violative of article 14 of the constitution of india. ..... india is a founder member of the world trade organisation, in short, 'wto' and as such a signatory of 'trips', which itself is an annexure to the 'wto' agreement. .....

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

Court : Kolkata

Reported in : 2006(3)CHN577

..... it is argured by counsel for the respondents that in view of provisions of the patents (amendment) act, 2005, section 78, nothing remains to be decided in the present case. ..... 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 ..... if it is held that because of repeal of the chapter, and provisions in section 78 of the amending enactment, even the writ court will lose jurisdiction and power to give relief to the petitioners, if they are otherwise entitled to it, then perhaps one will travel far beyond the intendment of the legislature. ..... (holding that proceedings commencing by virtue of statute subsequently repealed are not to be dismissed by the court for want of jurisdiction, since such proceedings shall continue to be dealt with as before and shall be carried to final judgement and execution in exactly the same way, as if the statute had not been repealed).15. .....

M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...

Court : Intellectual Property Appellate Board IPAB

..... thus on the date of hearing in any case appeal on decision under section 25 was available under section 116 (2) of the principal act for the reason that section 47 of the patents (amendment) act, 2002 as further amended by the section 60 of the 2004 ordinance and as further amended by section 61 of the patents (amendment) act, 2005, has not been brought into force though they continue to remain in the statute books. 13. ..... the counsel for respondent1 submitted that the appellant has relied on the provisions of section 162(5) of the patents act, 1970, the general clauses act and paragraph 7 of the circular dated january 14, 2005 of the controller general of patents and designs in support of the contention that the opposition should have been decided under the patents act, 1970 as amended by the patents (amendment) act, 2002. ..... but this section 47 of the patents (amendment) act, 2002 as further amended by the section 60 of the 2004 ordinance and as further amended by section 61 of the patents (amendment) act, 2005 has yet not been brought into force even on the date of hearing by respondent no.2. ..... 544/bom/1999) allowing the application to proceed for grant which was transferred under section 117g to the board vide honble high court of bombay order dated 30.08.2007 and numbered as ta/11/2007/pt/mum. 2. ..... this patent relates to an invention titled conversion kit to change the fluorescent lighting units from inductive operation to electronic operation . .....

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

..... (2) what is the scope and effect of section 100 of the patents act, 1970 (as amended) and its impact in the present case ?facts:4. ..... claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the central government or any person authorised in writing by it for the purposes of government may be made free of any royalty or other remuneration to the patentee. ..... i quote section 64(1) of the act as under.section 64(1) : subject to the provisions contained in this act, a patent, whether granted before or after the commencement of this 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 ..... the act was amended again in march 1999 and june, 2002 to meet india's obligations under the agreement on trade related aspects of intellectual property rights (trips), which forms part of the agreement establishing the world trade organization (wto). .....

Natco Pharma Limited Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... in the above facts and circumstances of this case only and without making our order a precedent for future cases, we called for a panel/list of controllers duly qualified under section 116 of the patents act, as amended by the patents (amendment) act, 2006.6. ..... chakraborti, who is presently deputy controller of patents and designs, will not be entitled to draw his salary for the aforestated period as deputy controller of patents and designs but, he would be entitled to protection of his seniority and other incidental benefits.9. ..... a piquant situation has arisen in this case on account of absence of technical member in the intellectual property appellant board (ipab) constituted under the provisions of section 116 of the patents act, 1970. ..... it is under these peculiar facts and circumstances of the case and, particularly, in view of the fact that the controversy involved before ipab is concerning crystal modification of a n-phenyl-2-pyrimidineamine derivative and since the dispute is regarding patentability of the process as well as the product that we are of the view that such complicated disputes need to be resolved by ipab which must have a technical member in ..... we hope that the board would preferably dispose of the appeals within one month, if possible, from the date of the commencement of hearing.10. ..... accordingly, direct that all preliminaries will be completed by the parties in the month of october, 2008 and the ipab duly reconstituted under our orders, which would include dr. p.c. .....