Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 10 amendment of section 11a Page 10 of about 143 results (0.138 seconds)

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

..... of the patent act, 1970 as amended by the patents (amendment) act, 2005 ..... conducting the manufacturing activities in india as according to the defendant that the merely importation would still lead to monopoly situation which is the ground of the tribunal to interdict for a compulsory license under section 83 and 84 of patent act and upon which i cannot prematurely decide the same and perform the role of compulsory licensing tribunal at this stage without fact finding and evaluation of evidence and correctness of the stand of the parties ..... that merely because section 48 rights are subject to other provisions of the act and section 83 provides general principles which are applicable to working of the patented inventions which are applicable to exercise of the powers under chapter xvi would equally be applicable to the proceedings for infringement of the patent and/ or the counter claim challenging the validity of the patent which are governed by the distinct provisions under section 104 and section 107 of the patents act ..... that the subject of any claim of the complete specification is not patentable under this act; (l) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise than 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 in any material particular was .....

United States Vs. Safety Car Heating and Lighting Co.

Court : US Supreme Court

..... the litigation was pending on february 25, 1913, the effective date of the sixteenth amendment, and march 1, 1913, the effective date of the first statute enacted under it, and was continued for many years thereafter during which the patent owner obtained a decree finally sustaining the patent followed by a decree on accounting, of which a definite part was for profits received by the infringer before march 1, 1913, and the ..... the profits from the infringements committed prior to march 1, 1913, as having accrued to the patent owner before that date and as being therefore excepted from taxation by the act of october 3, 1913, and later revenue acts. p. ..... and had no existence under the pioneer statute, the act of 1913, a dividend, irrespective of its source, ..... be able to make out that, though the profits were income in their entirety as of may, 1925, there was an intention of the congress that part of this income, the part attributable to acts before march, 1913, should be excluded from the reckoning. ..... ** with reference to every corporation subject thereto, that act provides as follows: "the tax herein imposed shall be computed upon its entire net income accrued within each preceding calendar year ending december thirty-first: provided, however ..... 93 such portion of the net settlement as was allocable to acts of infringement before march 1, 1913, ($153,621.72) had accrued to the taxpayer in advance of that date, and was therefore to be treated as capital, not taxable as income for the .....

Dr. Aloys Wobben Vs. Yogesh Mehra and ors

Court : Delhi

..... mr andhyarujina, submitted that after the amendment of section 64 of the patents act, by virtue of the patents (amendment) act, 2005 "a person interested" may approach one of the two forums for revocation of a patent, i.e. ..... it was submitted that prior to the passing of the amendment act of 2005, a person could file both, a revocation petition as well as a counter claim by way of a defence in the high court. ..... however, despite the constitution of ipab, no amendment in section 64(1) of the patent act has been brought about conferring a power in the court, similar to that, obtaining in section 124 of the tm act. ..... 2.6 the grappling for rights resulted in eil, instituting proceedings in the ipab, in january 2009, under section 64 of the patents act, 1970 (hereinafter referred to as the patents act), to seek revocation of certain patents belonging to dr. ..... reliance was also placed on the provisions of section 104 and section 117 g of the patent act to show that where a counter claim is filed in the suit, it is the high court alone, which can decide the issue of validity of patent. ..... to demonstrate this point, it was contended that, to maintain a revocation petition before the ipab, the locus of the person would depend on whether he is a "person interested" as defined in section 2(t) of the patent act; however, a defendant who prefers a counter claim in an infringement suit may or, may not, be a "person interested" though he would have the right to challenge the grant of patent. .....

Mylan Laboratories Limited vs.union of India & Ors

Court : Delhi

..... 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. ..... of 32 section 116 of the patents act, 1970 section 116 appellate board (1) subject to the provisions of this act, the appellate board established under section 83 of the trade marks act, 1999 shall be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, power and authority conferred on it by or under this act: provided that the technical member of the appellate board for the purposes of this act shall have ..... 254 dlt660 this court held that the absence of member technical (copyright), does not in any manner impinge upon the jurisdiction of the appellate board as constituted under section 83 of the trade marks act and a conjoint reading of section 11 of the copyright act and section 83 of the trade marks act clearly indicates that the appellate board as constituted under section 83 of the trade marks act would also have the jurisdiction to perform the functions under the copyright ..... vice-chairman technical member (trademarks) technical member (patents) technical member (copyright) 14/05/2016 15/03/2005 20/03/2008 22/06/2014 21/02/2004 06/02/2011 01/12/2013 05/12/2018 03/12/2010 04/05/2016 vacant 31/12/2017 26/02/2006 21/06/2009 vacant till date 05/02/2006 01/01/2012 04/12/2013 vacant till date 03/05/ .....

Woodbridge Vs. United States

Court : US Supreme Court

..... second to what extent the united states had used it and the amount of compensation which was due in equity and justice therefor, and, if it found that woodbridge was such inventor, to decide the case as if a patent had issued for seventeen years in 1852, the year in which it had been ordered to issue, with the right of appeal as in other causes, " provided, however, that the said court shall first be satisfied that ..... in a letter of march 23, 1852, woodbridge wrote the patent commissioner, with the claims amended in the form in which the patent office had agreed to allow them, and said: "i was informed in answer to my inquiry that, upon the issue, or order to issue, of a patent, it may be filed in the secret archives of your office (at the risk of the patentee) for such time as he ..... held that he forfeited his right to the patent, within the meaning of the special act of congress authorizing this suit, and therefore compensation could not be recovered from the government even if it used the invention within the period defined ..... appeal from a judgment of the court of claims rejecting a claim preferred under a special act of congress, for compensation for use by the government of an invention made by the ..... the court of claims was brought under the authority of a special act of congress of march 2, 1901 (31 stat. ..... done presumably under 8 of the act of july 4, 1836, 5 stat ..... under the act of march 2, 1861 ..... under the act of july 4, 1836 ..... under the act of february 21, 1793 ..... act of march 2, 1901 .....

United States Vs. Jackson

Court : US Supreme Court

..... permit the continuation of restrictions in patents issued to indian allottees -- that is, to indians who received patents under the general allotment act of february 8, 1887, which created the indian allotment system, or under any of its subsequent amendments, but that the 1906 act did not purport to give the president a like power with respect to indians who received their patents under the act of july 4, 1884, which conferred ..... 1906 act did not apply to the trust patent issued to williams, since he was not an allottee, but an indian homesteader claiming by virtue of the 1884 act which extended the benefits of the homestead laws to the indians, and not under the general allotment act of 1887 or any of its amendments, the ..... be satisfied that any "indian allottee" was competent and capable of managing his or her affairs, cause to be issued to such allottee a patent in fee simple, and the district court held in that case that this statute gave no authority to the secretary to cancel the patent issued to seaples under the 1884 act, which extended the benefit of the homestead laws to the indians, but that the 1906 ..... 1, that the word "allottee" was intended to include such indians, we find that the act provides: "that, prior to the expiration of the trust period of any indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty, the president may, in his discretion, continue such restrictions on alienation .....

M/S. Shreedhar Milk Foods Pvt. Ltd. Vs. Vikas Tyagi and Another

Court : Intellectual Property Appellate Board IPAB

..... before the present trade marks act, 1999 and patents act, 1970 as amended came into force, the acts that were in existence was the trade and merchandise marks act, 1958 and patent act, 1970 (prior to amendment) section 108 of the trade and merchandise marks act, 1958 dealt with the procedure for application for rectification before a high court under section 47 or section 56 of the said act. ..... similarly, 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. ..... hearing the main matter shall always be the best option; ii) no interim orders shall be granted without hearing the other side as provided for in section 95 (2) with regard to interim orders pending appeal; iii) if the trade mark or patent has been in force for a considerable period that will be a condition against grant of interim order; iv) factors like prima facie case, balance of convenience, irreparable injury and hardship shall be kept in mind; and v) it is preferable that ..... sahl ram arya and another (2005 (5) scc 521) the honble supreme court held that if a tribunal has no power to grant interim order on that ground it cannot be by passed. .....

Bayer Corporation Vs. Union of India Through the Secretary, Department ...

Court : Intellectual Property Appellate Board IPAB

..... therefore, we have to understand the perspective from which the chapter of compulsory licence was introduced and is still there in the patents act, 1970 as amended by the patents (amendment) act, 2005. ..... according to the learned senior counsel, the intent of the legislature was clear from the fact that the phrase, manufacture in india was deleted from erstwhile section 90 of the patents act in the year 2002 which is now section 84(7) of the patents act thus, negating the requirement of local manufacture in order to make it consistent with article 27(1) of trips agreement. ..... learned senior counsel mr.p.s.raman appearing for the appellant submitted that the compulsory licence order was vitiated by several errors; (i) under section 87(1) where the controller should have arrived at prima facie satisfaction that a case has been made out, notice was not given to the appellant herein which is a grave miscarriage of justice; (ii) the compulsory licence application is ..... according to the respondent, however, the word working should be read in the context of principles stipulated in section 83(a) and (b) of the act and with reference to the debates in the lok sabha and in the ayyangar report, paragraph-30, this question is considered and it states that the imported product might be cheaper, but even if the cost of the article .....

United States Vs. First National Bank of Detroit

Court : US Supreme Court

..... public domain and alleging that the property was that of the indians, and that, after selection, the allottee acquired a fee simple title, notwithstanding the acts of congress, particularly set up the fact that o-bah-baum is a mixed-blood chippewa indian, and one of the class referred to in the clapp amendment, and therefore emancipated from the pretended supervision of the government, and able to transfer her property as a citizen of the united states. ..... 252 indian having an identifiable mixture of other than indian blood, however small, is a mixed-blood indian, and all others are full-blood indians within the meaning of the clapp amendment, and accordingly reversed the decree of the district court in the first two cases and affirmed the decree in the third case. ..... 119, provided for the allotment of land in the indian reservations in severalty to the indians, and that ( 5), upon the approval of the allotments, patents should issue therefor in the name of the allottees, which should be of the legal effect and declare that the united states held the land for twenty-five years, in trust for the sole use ..... by 22 of the act, all adult heirs of deceased indians were given the right to convey their lands, but for the last sentence of the section, which kept full-blood page 234 u. s. ..... in that case, this court had occasion to deal with certain sections of the act of april 26, 1906, 34 stat. .....

V. Appannammanayuralu Vs. B. Sreeramulu

Court : Andhra Pradesh

Reported in : AIR1978AP160

..... , it so happened that even when the suit was pending in the trial court, the civil courts act was amended with effect from 1-11-1972 conferring appellate jurisdiction on district courts against decree passed in suits of the value ..... pointing out that a defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of the subject-matter of the section, strikes at the very authority of the court to pass any decree and such a defect cannot be cured even by consent of parties, venkatarama ..... this section is patently founded on the principle that a court's decree shall not be affected on the ground of its lack of pecuniary jurisdiction if it had inherent jurisdiction to deal ..... section 21 before its amendment in 1976, laid down that no objection as to the place of suing shall be allowed by the appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity ..... that the principle that underlies s.11 of the suits valuation act , 1887 is that a decree passed by a court, which would have had no jurisdiction to hear a suit or appeal but for over-valuation, is not to be treated as what it would be but for the section, null and void and that an objection to jurisdiction based on over-valuation or under-valuation, should be dealt with under that section and not otherwise. ..... tirupathayya, : air1963ap353 and letters patent appeal 155 of 1974, d/- 21-12-1976 : ( ( 1977) 2 andh wr 270) consisting of one of us ( .....