Court : Delhi
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... would be to note that vide section 18 of the patent amendment act 2002, section 25 of the principal act was amended by introducing clauses 'j' and 'k' after existing clause 'i' as also substituting certain words in sub-section 2 and sub-section 3 of section 25 ..... vide section 61 of the amendment act of 2005, section 117a of the principal act as inserted by section 47 of the patents amendment act, 2002 was also amended, in that, in sub-section 2 of section 117a the words and figures 'section 20, section 25, section 27, section 28' were to be substituted by the figures and words 'section 20, sub-section 4 of section 25, ..... 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 ..... . in section 117a of the principal act [as inserted by section 47 of the patents (amendment) act, 2002, in sub-section (2), for the words and figures 'section 20, section 25, section 27, section 28,', the words, figures and brickets 'section 20, sub-section (4) of section 25, section ..... de novo or from the stage it was so transferred. 38. ms. pratibha singh, learned counsel for the respondent urged that the tribunals can hear an appeal only against orders passed under sub-section 4 of section 25 of the patent amendment act, 1970 as amended by the patent amendment act of 2002 read with the patent amendment act, .....
Tag this Judgment!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 ..... . in section 117a of the principal act [as inserted by section 47 of the patents (amendment) act, 2002, in sub-section (2), for the words and figures 'section 20, section 25, section 27, section 28,', the words, figures and brackets 'section 20, sub-section (4) of section 25, section 28' shall be substituted ..... . without giving effect to the amendments to sections 116 and 117a suggested by section 47 of the patents (amendment) act, 2002, on 4.4.2005 the legislature enacted the patents (amendment) act, 2005 ..... . vide section 47 of the patents (amendment) act, 2002 entire chapter xix stood substituted ..... patent. vide clause 47 of notes on clauses attached to the statement of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the high court to the appellate board .....
Tag this Judgment!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. ..... section 47 of the patents (amendment) act, 2002 states that for chapter xix of the principal act, the following chapter shall be substituted, namely, chapter xix appeals to the appellate board it is pertinent to note that section 47 of the patents (amendment) act, 2002 substituted the earlier section 116 of the original act as section 117a which deals with the appeals against the any decision, order or direction of the ..... 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 ..... 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. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(33)PTC339(NULL)
..... it was then argued by the learned counsel for the plaintiffs/petitioners that section 48 of the patents act, as amended by patents (amendment) act, 2002, confers upon the patentee the exclusive right to prevent third parties, who do not have his consent, from making, using, offering for sale, selling or importing the patented product and that in view of this provision, so long as the said patent is not revoked, nobody else can make, use, offer for sale etc ..... even before this amendment, the court had the power, per section 113(4) of the patents act, which provision remains untouched by the amendment act of 2002, to grant injunction in fact the amendment to section 48, made by amending act of 2002, is in a different ..... urged that though the relied upon precedent pertains to a case where infringement of registered trade mark was alleged, yet looking to the similarity of the provision of section 28 of the trade marks act with section 48 of the patents act, as amended by amendment act of 2002, the same was applicable by analogy.18. ..... the above stated position apart, section 48 of the patents act, as amended by the act of 2002, has not given the right to the patentee to seek injunction for the first ..... the ones, relevant for deciding the present application, are:(i) the so-called 'device', got patented by the plaintiffs, is not an invention within the meaning of section 2(j) of the patents act, because it is not a new product; and(ii) that the suit is hit by the doctrine of anticipation .....
Tag this Judgment!Court : Delhi
..... by virtue of the patents (amendment) act 2002, section 48 of the act, which specifies the rights granted to a patentee, was substituted to read as under: "48. ..... after its enactment, the patents act, has been subjected to three sets of substantial amendments by three acts: the patents (amendment) act, 1999 (17 of 1999); the patents (amendment) act, 2002 (38 of 2002); and the patents (amendment) act, 2005 (15 of 2005). ..... the patents (amendment) act, 2002 received the presidents' assent on 20th may, 2003. ..... thus, in so far as the amendments to the patents act introduced by the aforesaid amendment acts of 2002 and 2005 are concerned, the same would be construed as later enactments. ..... it is also relevant to refer to section 21a of the competition act which was introduced by the competition (amendment) act, 2007 with effect from 20th may, 2009. ..... these recommendations were accepted and the patents and designs act, 1911 was amended by act 32 of 1950. ..... this is also apparent from the opening remarks of the minister of commerce and industry made while introducing the patents (amendment) bill, 2002. ..... if one now views the amendments to the patents act as introduced in 2002 and 2005, in the above perspective, it would be clear that the amendments made were not only for recognising the rights of patent holders in terms of article 28 of the trips agreement but also to restrict the rights granted to the patents holders to inter alia curb any misuse of those rights. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... amendment to the section 80 has been made in the patents (amendment) act, 2002 as given below:- amendment of section ..... or from the date of priority of the first mentioned application or within six months from the date of filing of the further application, whichever is later; (v) the period for making request for examination under section 11-b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11-b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. ..... but it is also to be noted that as per section 13(3) of the act which reads as under:- 13(3):- where a complete specification is amended under the provisions o f this act before the grant of a patent, the amended specification shall be examined and investigated in like manner as ..... the appellant argued that during the examination of the patent application, the applicant for patent is entitled to an opportunity of hearing under section 14 or under section 80 of the act or at least under rule 129 of the patent rules, 2003 (hereinafter referred to as the rules), should the respondent decide to take an adverse decision against the applicant for patent (namely the appellant herein). ..... to proceed with the application under section 15 of the act by a letter of communication dated 22.08.2007 signed by the examiner of patents for and on behalf of the controller of patents and designs being the respondent. .....
Tag this Judgment!Court : Delhi
..... the plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in india alongwith damages/rendition of accounts and delivery up etc.2. ..... the plaintiff has in its plaint has provided the details of the patents and their claims raised at the time of registrations. ..... no.6735/2014 under order xxxix rule 1 and 2 read with section 151 cpc. ..... no.patent discussion and analysis amr patents1 in203034 linear predictive analysis by synthesis encoding method and encoder this patent relates to celp (code excited linear prediction) based encoding method and encoder that is efficient at low bitrates ( ..... the suit patents relate to three technologies in the field of telecommunications pertaining inter alia to 2g and 3g devices (mobile handsets, tablets etc), details of which are referred to as follows for ease of usage: a. .....
Tag this Judgment!Court : Delhi
Reported in : 2009(41)PTC260(Del)
..... 2654/rq/2004, made on 26.08.2004 by you for examination the above quoted application has been examined under section 12 of the patents act, 1970, as amended by the patents (amendment) act, 2002 and the first statement of objection of forwarded herewith the compliance. ..... along with appropriate translation where applicable, should be submitted within a period of 30 days from the date of receipt of this communication as provided under section 8(2) of the indian patents (amendment) act, 2002. 9. ..... it was urged on the strength of the above decisions that after its amendment in 2002, section 48 has strengthened the right of a patent holder to prevent third parties from infringing his rights and that the case for the grant of an injunction is correspondingly ..... section 48(1) of the act as it stood prior to the amendment in 2002 (with effect from 20th may 2003) under sub-section (1) specified that the grant of a patent before the commencement of the act would confer on the patentee the exclusive right to make, use, exercise, sell or distribute the invention in ..... under the amended section 48(1) of the act, the patent granted shall, where the subject matter of the patent is a product, give the patentee the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in ..... mere fact that section 48 of the act has been amended in 2002, does not grant any higher protection to the patent. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... it is also to be noted that section 47 of the patents (amendment) act, 2002 states that for chapter xix of the principal act, the following chapter shall be substituted, namely, chapter xix appeals to the appellate board section 47 of the patents (amendment) act, 2002 substituted the earlier section 116 of the original act as section 117a which deals with the appeals to the ..... , before the final patent is granted and the appeal for the aggrieved party against the order passed by the controller would be available before the high court under section 116 (2) of the principal act for the reason that section 47 of the patents (amendment) act, 2002, has not been brought into force though they continue to remain in the ..... section 117a (2) provides that all appeals under section 25 shall lie to the appellate board but this section 47 of the patents (amendment) act, 2002 has not been brought into force ..... this section 47 of the patents (amendment) act, 2002 was brought into force by a notification by the government of india ..... the time the registry of the honble high court has scrutinized the appeal and numbered the appeal, the notification of the government of india bringing into force of section 47 of the patents (amendment) act, 2002 w.e.f. ..... the parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect from 1.7.2002, took away the letters patent power of the high court in the matter of appeal against an order of learned single judge to the .....
Tag this Judgment!Court : Delhi
..... . section 5 of the patents act was amended by the patents (amendments) act, 2002, inserted an explanation, stating that "chemical processes" include biochemical, biotechnical and micro-biological processes to section 5(2)(b) ..... trade organisation (wto), in compliance with the instruments and annexes of the general agreement on tariffs and trade (gatt), including the trade- related aspects of intellectual property rights (trips) agreement, india, inter alia, introduced the patents (amendment) act, 2002, in june 25, 2002 ..... . it is argued that in the patent amendment act of 2005 the pre-existing section 5 of the patents act, vis- -vis inventions where only methods or processes of manufacture patentable stood repealed; the expression invention in section 2(1)(j) was substituted ..... . she traced to the legislative history of amendments made to the patents act in 2002 and 2005 and also contrasted them with enactment of the pv act ..... . thus, the exclusion of transgenic plants and seeds propagated after hybridization from patentability under section 3(j) of the patents act, 1970, is congruent with the amendment of article 53(b) of the epc, wherein, patents cannot be granted in respect of plants or animals exclusively obtained by means of essentially biological process ..... . during the course of these amendments, section 3 (j) was also added in 2002 to the patents act, 1970 .....
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