Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 10 amendment of section 11a Page 1 of about 143 results (0.173 seconds)

Michele Caboni vs.union of India and Anr.

Court : Delhi

..... patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period; (2) [omitted by patents (amendment) act, 2005, section ..... 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 11b of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the' commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. ..... any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (3), the application shall be treated as withdrawn by the applicant: provided that- (i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and in a case ..... been filed under sub-rule (1) and application has been published under section 11a, the controller shall refer the application, specification and other documents related thereto to the examiner and such reference shall be made in the order in which the request is filed: provided that in case of a further application filed under section 16, the order of reference of such further application shall be the .....

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

..... it was pointed in the written statement that in terms of the second proviso to section 11-a(7) of the patents act 1970, introduced by the patents (amendment) act, 2005 (effective from 1st january, 2005), in case of patent applications filed under section 5 (2) [which concerns a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug] the rights of a patentee accrue only from the date of the grant of the patent. ..... the amendment to the patent act 1970 in 2005 introduced section 83(e) which states that among the general principles applicable to the working of patented inventions regard shall be had 'that patents granted do not in any way prohibit central government in taking measures to promote public health' and under section 83 (g) 'that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. ..... in the counter-claim filed by the defendant it was contended that under section 2 (1) (ta) of the patents act 1970, inserted by the 2005 amendment, the expression 'pharmaceutical substance' has been defined to mean 'any new entity involving one or more inventive steps' and under section 2 (1) (l) a 'new invention' was defined as an invention 'which has not been anticipated by publication in any document used in the country or elsewhere in the world before the date of filing a patent application with complete specification. .....

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Limited

Court : Delhi

Reported in : 148(2008)DLT598; LC2008(2)35; 2008(37)PTC71(Del)

..... he drew the attention of the court to the fact that a patent under the act is granted after scrutiny at three levels; first, under sections 11a, 12 and 14, then at the stage of pre-grant opposition under section 25(1) and finally, under section 43 when the patent is granted subject to satisfaction of the two pre-conditions. ..... property or new use for a known substance or of a mere use of a known process, machine or apparatus, unless such known process results in a new product or employs at least one new reactant;section 3(d), and its explanationn, (as amended with effect from 1-1-2005), now prescribe a class of discovery which cannot be subject matter of patent; it reads as follows:(d) 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 ..... . the controller's order, besides not examining the objection about obviousness, as presented, appears to have mixed up the aspect of efficacy, a vital component required to be satisfied after the 2005 amendment; it has noted that documents about efficacy of the drug were not available as on the date of the application, but made available whenever required ..... learned counsel for the defendant submitted that the amendments to the act brought into force in 2005, for the first time, ushered a regime whereby product patent is permissible in respect of pharmaceuticals and drugs. .....

Dr. (Miss) Snehlata Gupte Vs Union of India and ors.

Court : Delhi

..... gupte, in terms of the amendments introduced in section 25(1) of the act by way of the patents (amendment) act, 2005 with effect from 1st january 2005, the time period for filing a pre-grant opposition stood extended till the grant of the patent. ..... the fact of the acceptance of the complete specification, as indicated by the applicant for grant of a patent, having been accepted for publication is evident from the advertisement of such specification in the patents journal in terms of section 11a of the act. ..... under rule 24, the period for which an application for patent shall not ordinarily be open to public under section 11a(1) shall be 18 months from the date of filing of application or the date of priority of application, whichever is earlier ..... the patent specifications involved in the two applications were published in the official gazette on 20th november 2004 in terms of section 11a of the act. ..... , without the completion of the procedure envisaged under section 25(1) and section 11a, there can be no grant of a patent. ..... rule 55(1-a), no patent shall be granted before the expiry of a period of six months from the date of publication of the application under section 11a. ..... publication of the complete specification now takes place under section 11a of the act. ..... this includes the period during which complete specification is accepted for publication in terms of section 11a followed by the examination of the patent which takes place within the time-frame set out in rule 24-b of the rules. .....

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

..... 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 11b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. ..... -section (7) in section 11a was inserted by act 15 of 2005 with effect from 01.01.2005 ..... . importantly, section 11a(7) vests in the applicant, on and from the date of publication of the application for patent, and until the date of grant of a patent in respect of such application, like privileges and rights as if a patent for the invention has been granted on the date ..... . section 11a(3) stipulates that every application for a patent shall, on the expiry of the period prescribed under sub-section (1) be published, except in cases ..... of limitation prescribed in rule 24b(1)(i) as directory would mean that the applicant would be able to seek extension of the period of his enjoyment of right conferred by section 11a(7), without actually having his application examined and patent granted ..... . rule 24 stipulates that the period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11a shall be 18 months from the date of filing of the application or the date of priority of the .....

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

Court : Mumbai

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

..... thereafter, the patents amendment act 15 of 2005 was brought into force by way of ordinance, namely, patents (amendment) ordinance 2005 dated 26.12.2004 and ultimately was enacted as the patents amendment act, 2005 which has made substantial changes. ..... as mentioned in sub-section (3), before the priority date of the claim;(m) that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which is any material particular was false to his knowledge;(n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside india in contravention of section 39;(o) that leave to amend the complete specification under section 57 or section 58 was obtained ..... (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. ..... (5) where an invention has been used by or with the authority of the central government for the purposes of government under this section, then, except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the .....

Garware-wall Ropes Ltd. Vs. Techfab India and 5 ors.

Court : Gujarat

Reported in : LC2008(3)192

..... he has further submitted that the respondent's reliance on section 13(3) of the act is also misplaced inasmuch as unless patent office examines and investigates, the removal of defects/objections and consequent amendment effected by the appellant in its original application for registration of patent, no further proceedings would be taken place and on satisfaction of the patent office about the appellant's compliances, there is no requirement of issuance of a second report of examination and investigation of the said amendment. ..... sub-sections (1), (2) and (3) of section 11a of the act at the material time. ..... the learned single judge of this court has interfered with the order of the learned district judge, surat in the said appeal from order on 26.10.2005 and while vacating the ad-interim injunction, the learned single judge has observed that in case the respondents feel that impugned gabions are different than the patented srg invention of the appellant, the respondents were free to manufacture and sell the impugned gabions. ..... he has, therefore, submitted that the proviso to sub-section (7) of section 11a will not apply to the facts of this case for arguing that the appellant is, at the best, entitled to damages and not entitled to any proceedings for infringement since the priority date in the present case is 22.06.1999 and so will be the position in respect of the proviso to sub-section (7) of section 11a of the act. .....

Colgate – Palmolive Company Vs. the Asst. Controller of Patents a ...

Court : Intellectual Property Appellate Board IPAB

..... this is an appeal made against the order of the controller of patents dated 23.12.2009 under section 25(1) of the patents act, 1970 (hereinafter referred to as the act) refusing acceptance of the indian patent application no.3900/delnp/2007. 2. ..... consequently, when the controller issues the examination report, it is directed towards the applicant for patent and either he has to comply with the requirements raised therein within the stipulated time given or if he does not agree with the directions for amendment or any correction, he may seek an opportunity of hearing as well as, in case, the controller proceeds to make a decision adverse to the applicant. ..... here again if the controller is not satisfied with the observations of the applicant, he may offer an opportunity of hearing to the applicant for patent and allow and direct the applicant to amend the specification to his satisfaction and in the event that he does not comply with the same, he may refuse to proceed with the application. ..... the appellant, the company under the laws of usa filed the indian national phase patent application no.3900/delnp/2007 (hereinafter referred to as the subject application) on 24th may, 2007 corresponding to an international pct application no.pct/us2005/040567 dated 16th november 2005, claiming priority from the us application dated 17th november, 2004. ..... the appellants national phase application was published on 31-8-2007 under section 11a of the act. 3. .....

M/S.Soorajmull Nagarmull Vs. State of Bihar and Ors.

Court : Supreme Court of India

..... since the acquisition was initiated in 1981, there was no statutory obligation to pass an award within two years, as section 11a came to be introduced by way of an amendment in 1984. ..... case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), - where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been replealed . (2) notwithstanding anything contained in ..... sub-section (1), in case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the ..... to penalize the appellant for a viewpoint that the respondent state clearly adhered to as well, till the time of initiating the 2005 revival of the acquisition, would be patently unfair. .....

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

..... /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 ..... 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 ..... . here also, section 25 of the patents act, 1970 as amended by patents (amendment) act, 2005 (which refers to 'pre-grant opposition' and 'post-grant opposition') was brought into force on and from 1.1.2005 whereas amended section 117a by which appeal was provided for against post-grant opposition order was not brought into force ..... 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 ..... '. the main difference between section 25(1) and section 25(2), as brought about by patents (amendment) act, 2005, is that even after a patent is granted, 'post-grant opposition' can be filed under section 25(2) for a period .....