Court : Supreme Court of India
..... . three years later the patents (amendment) act, 2002 (act no ..... . the amendment act further incorporated in the parent act, chapter iva, which contained provisions for grant of exclusive marketing rights in respect of pharmaceutical substances for which a claim for patent was made under section 5 of the act ..... . the amendment act of 2002 greatly expanded the definition clause in section 2 of the parent act by including a number of new expressions and terms and redefining some earlier terms.70 ..... . the many amendments to and enlargement of the parent act by the amendment act of 2002 laid most of the ground-work, but india was yet to take the one final step to make its patent law compliant with the mandate of trips ..... . the statement of objects and reasons for the amendment act of 2002 is stated as under:amendment act 38 of 2002 - statement of objects and reasons ..... . chapter xvi was substituted with the chapter heading working of patents, compulsory licenses and revocation.section 83 in this chapter laid down the general principles applicable to working of patented inventions; section 84 provided for compulsory licenses; and section 85 for revocation of patents for non-working ..... . invention was re-defined by the amendment act of 2002 as under:section 2(1)(j) invention means a new product or process involving an inventive step and capable of industrial application.72 .....
Tag this Judgment!Court : Supreme Court of India
..... amendment act further incorporated in the parent act, chapter iva, which contained provisions for grant of exclusive marketing rights in respect of pharmaceutical substances for which a claim for patent was made under section 5 of the ..... 5 carbon atoms, or an aromatic, aromatic-aliphatic, cycloaliphatic, cycloaliphatic-aliphatic, heterocyclic or heterocyclic-aliphatic radical, and the remaining radicals r4, r5, r6, r7 and r8 are each independently of the others hydrogen, lower alkyl that is unsubstituted or substituted by free or alkylated aminot piperazinyl, piperidinyl, pyrrolidinyl or by morpholinyl, or lower alkanoyl, trifluoromethyl, free, etherified or esterifed hydroxy, free, alkylated or acylated amino or free or esterified carboxy, and to salts of such compounds having at least ..... the nitrogen atom by oxygen, r2 and r3 are each independently of the other hydrogen or lower alkyl, one or two of the radicals r4, r5, r6, r7 and r8 are each nitro, fluoro-substituted lower alkoxy or a radical of formula ii n(r9) c(=x) (y)n r10 wherein r9 is hydrogen or lower alkyl, x is oxo, thio, iminot n-lower alkyl-iminot hydroximino or o-lower alkyl-hydroximino, y is oxygen or the group nh, n is 0 or 1 and r10 is an aliphatic radical having at least ..... . invention was re-defined by the amendment act of 2002 as under: section 2(1)(j) invention means a new product or process involving an inventive step and ..... chapter xvi was substituted with the chapter heading working of patents .....
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. ..... the said sub-section reads as under:- "(7) for the purposes of this chapter, the reasonable requirements of the public shall be deemed not to have been satisfied- (a) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms,- (i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in india or the trade or industry in india or the trade or industry of any person or class of persons trading or manufacturing in india is prejudiced; or (ii) the demand for the patented article has ..... as discussed earlier, chapter xvi of the patents act provides for grant of compulsory licences as well as revocation of patents in certain cases including in cases where the reasonable requirements of the public as specified under section 84(7) of the patents act have not been satisfied. ..... trips agreement covers nine categories of intellectual property: copyright and related rights trade marks including service marks geographical indications industrial designs lay-out designs of integrated circuits trade secrets patents patenting of micro-organisms and new plant varieties (seeds and other propagating material) 5.1.7 all forms of intellectual property have the potential to raise competition policy/law problems. .....
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
..... 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 ..... section 47 of the patents (amendment) act, 2002 entire chapter xix stood ..... 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 ..... . section 117g of the principal act was substituted vide patents (amendment) ..... section 23 of the patents (amendment) act, 2005, the then existing section 25 was ..... . 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 ..... . 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 .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC496
..... 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 appeal) (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 ..... amendment act section 5 of 1962 act was substituted ..... exercising the revisional power under indian stamp act had passed the order dated 18th march, 2002 dismissing the revision and confirming the order ..... substituted, and the entry relating to the chief court of oudh shall be omitted; and(ii) in the second schedule, the entry relating to the chief court of oudh shall be omitted, and in the note, the words 'a chief judge and an acting chief judge' shall be omitted, and (c) references in any indian law to either of the existing high courts by whatever name shall, unless the context otherwise requires, be construed as references to the new ..... majesty in council or to the federal court from the high court in allahabad and the judges and division courts thereof shall, with the necessary modifications apply in relation to the new high court................................................................................................................................................................................................................................................................................17. .....
Tag this Judgment!Court : Delhi
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... . relevant for my decision 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 ..... 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 ..... to. with reference to sections 27, 86, 88(3), 89, 93, 96 and 97, learned counsel pointed out that a laughable situation would arise if right of appeal had to be construed with reference to section 116 forming part of chapter xix ignoring the replacement of said chapter vide section 47 of the patent amendment act, 2002 .....
Tag this Judgment!Court : Delhi
Reported in : LC2010(1)278
..... on that date, the amended section 117a, suggested by patents (amendment) act, 2005, was not brought into force ..... 293/06 in the high court under section 116, as it stood on 19.10.06 under the patents (amendment) act, 1999. ..... under the patents (amendment) act, 2005, appeal is provided to the appellate board against the order of the controller under section 25(4). ..... before discussing the facts of the individual cases the scheme of the patents act, particularly after the amendment to the relevant provisions by way of patents (amendment) act, 2005 (amendment act. ..... with the introduction of the remedy of a post-grant opposition, the amendment act 2005 also amended section 117a to provide an appeal against an order passed under section 25(4) by the controller on the post-grant opposition which could be an order either to maintain or to amend or to revoke the patent. ..... in 2002 amendments were made to the patents act to provide for appeals to the intellectual property appellate board (ipab) in terms of the newly inserted section 117a instead of appeals to the high court under section 116. ..... consequently, it is submitted that the said legislative scheme cannot be substituted by the court and that there was nothing unreasonable in not entertaining a writ petition at the instance of such person.20 ..... on 22nd march 2007 the assistant controller of patents and designs, new delhi gave a decision on the pre-grant opposition allowing the process claims 11 to 25 and 28 and declined the product claims .....
Tag this Judgment!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 at the time of hearing. ..... subsequently the said letters patent was amended and it was made subject to legislative power under section 71 of the government of india act, 1915. ..... the judgment of the apex court relied by counsel for the appellant in vinita's case (supra) was a case where bar under section 6(3) of the specific relief act, 1963 was held to not affect letters patent appeals before the division bench. ..... commencement of this section, 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 article 226 or article 227 of the constitution, in respect of a judgment or order made or purported to be made in the exercise or purported exercise of appellate or revisory jurisdiction by a district judge, additional district judge, civil judge or additional civil judge under any uttar pradesh act (including any central act as amended by an uttar pradesh act) anything to the ..... the newly substituted section 5 is as follows:5. ..... xiv of 1962 was substituted by the said 1975 amendments. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)4MLJ1153
..... 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 use for a known substance or of the mere use of a known process, machine or apparatus unless such known process ..... and the amended section itself:unamended section 3(d): the mere discovery of any new property or new use of a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs atleast one new reactant.amendment to section 3(d) under ordinance 7/2004: the 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 ..... prior to amending act 15/2005, there were amending acts 17/1999 and 38/2002. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN577
..... in reply, counsel for the petitioners refers me to section 21 of the patents(amendment) act, 2005 omitting the chapter concerned from the principal act. ..... 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. ..... his contention is that provisions of section 78 of the patents (amendment) act, 2005 have no manner of application to proceedings which had stood concluded before the appointed date. ..... according to him, even after the patents (amendment) act, 2005, doing away with the regime of grant of exclusive marketing rights, the application submitted by the petitioners for such right has not lost its utility. ..... be given within a fortnight from the date of receipt of a copy of this order by the controller, if he finds that right as claimed by the petitioners is to be given, then he shall make appropriate order conferring such right effective from may 03, 2002 when the application concerned attained finality, though in an order of rejection.29. ..... i order that the controller shall give a fresh decision in the application of the petitioners according to law that existed on may 03, 2002 when he gave the first decision rejecting the application. ..... by an order dated may 3, 2002 the controller rejected the application.5. .....
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