Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 10 amendment of section 11a Page 3 of about 143 results (0.095 seconds)

Novartis AG, rep. by It's Power of Attorney Ms. Ritushka Negi and Anr. ...

Court : Chennai

Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)

..... by the amending act, existing section 5 was converted into section 5(1) (dealing with process patent) and by the amendment a new section was brought in by inserting sub-section (2) to section 5 of the act (dealing with product patent). ..... been granted and in the other countries, patent is still pending; india, as a member of world trade organisation and by virtue of its agreement on trade related aspects of intellectual property rights (trips agreement), is under an obligation to consider granting product patent in all fields, including medicines and drugs with effect from 1.1.2005; by way of an interim measure, till the product patent application is taken up for consideration, provision is made in the patents' act for granting exclusive marketing rights ('emr'); the first ..... plaintiff filed a patent application in india on 17.7.1998 for the product patent referred to above; the first plaintiff filed an application in a convention country i.e. .....

Sergi Transformer Explosion Prevention Technologies Private Limited Vs ...

Court : Delhi

..... we may notice that section 68 has been amended by the patents (amendment) act, 2005. ..... learned single judge has further erred in holding that the right in favour of the plaintiff under section 69(5) as amended would accrue for the purposes of seeking relief in a case of infringement only in case the document is registered in the patent office in favour of the plaintiff. ..... a comparison between section 68 as it stood prior to the year 2005 amendment shows that prior to 2005 for an assignment to be valid the same had to be registered. ..... the learned single judge has further held that the right in favour of the plaintiff under section 69 (5) of the patents act, 1970 would accrue for the purpose of seeking any relief in case of infringement in case the exclusive agreement dated 01.08.2006 is registered in the patent office in favour of the plaintiff. 14. ..... section 69(5) of the act reads as under: (5) except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the controller or the court, for reasons to be recorded in writing, otherwise directs. 24. .....

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. .....

BattIn Vs. Taggert

Court : US Supreme Court

..... whether the defect be in the specifications or in the claim, under the 13th section above cited, the patentee may surrender his patent and, by an amended specification or claim, cure the defect. ..... " in the 6th section of the patent act of 1836 it is declared that "before any inventor shall receive a patent, he shall deliver a written description of his invention in such full, clear, and exact terms as to enable any person skilled in the art or science to which it appertains to make and construct the same, and in case of any machine, he ..... the description of the machine and claim in the reissued patent concluded as follows, namely: "by the construction and arrangement of the breaking rollers it will be perceived that, as they rotate, the teeth constitute a series of progressive levers which act on opposite sides of the lumps, and being placed so as not to coincide, snap or break the lumps between the points of pressure, this pressure gradually increasing until the separation is effected -- that is, during the rotation until .....

Florida Prepaid Postsecondary Ed. Expense Bd. Vs. College Savings Bank

Court : US Supreme Court

..... argued april 20, 1999-decided june 23, 1999 mter the patent and plant variety protection remedy clarification act (act) amended the patent laws to expressly abrogate the states' sovereign immunity, respondent college savings bank filed a patent infringement suit against petitioner florida prepaid postsecondary education expenses board (florida prepaid), a florida state entity ..... " section 296(a) addresses the sovereign immunity issue even more specifically: "any state, any instrumentality of a state, and any officer or employee of a state or instrumentality of a state acting in his official capacity, shall not be immune, under the eleventh amendment of the constitution of the united states or under any other doctrine of sovereign immunity, from suit in federal court by any person .. ..... the fourteenth amendment provides in relevant part: "section 1. ... ..... for infringement of a patent under section 271, or for any other violation under this title ..... 2 section 271 still provides in relevant part: "(a) except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the united states or imports into the united states any patented invention during the term of the patent therefor, infringes the patent. ..... section 271(h) now states: "as used in this section, the term 'whoever' includes any state, any instrumentality of a state, and any officer or employee of a state or instrumentality of a state acting in his official .....

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... kale that the conclusion arrived at in the case of sachish chandra jain (supra) that contrary intention is manifest inasmuch as there is no saving in respect of the letters patent appeal as per section 16 of the amending act is erroneous inasmuch as the said analysis suffers from an inherent and intensive fallacy. ..... ; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement ..... code either by a state legislature or by a high court which were inconsistent with the code as amended by the amending act stood repealed irrespective of the fact whether the corresponding provision in the code had been amended or modified by the amending act and that was subject only to what was found in sub-section (2) of section 97, sub-section (3) of section 97 provides that save as otherwise provided in sub-section (2) the provisions of the code as amended by the amending act shall apply to every suit, proceeding, appeal or application pending at the commencement of the .....

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

..... so far as the patents (amendment) act, 2005 is concerned, while dealing with the proposed amendments to section 25 this is what is stated in clause 23 of the notes on clauses:"clause 23: this clause seeks to substitute sections 25 and 26 of the act. ..... the present structure of the pregrant and postgrant procedure vide sections 25(1) and 25(2) of the said act has been brought about by the patent amendment act, 2005 (hereinafter referred to as the 'said amendment'). ..... mr.grover submits that the patents act, 1970 has been extensively amended by the patents (amendment) act, 2005. ..... sections 22, 23 and 24 have been deleted by the amendment act of 2005 and instead of earlier provisions, chapter v has been substituted by insertion of new section 25.41 if the grounds indicated in subsection (1) of section 25 are perused carefully, it is clear that opportunity contemplated by subsection (1) must be effective, meaningful and purposeful, so also, in consonance with the object of the amendment act. ..... section 21 which has been substituted by the amendment act of 2005 provides for time for putting the application in order for grant. ..... (1a) notwithstanding anything contained in subrule (1), 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. ..... then comes chapteriv which deals with publication and examination of the applications whereunder section 11a sets out the manner in which the publication has to be done. .....

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing the meaning of invention. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005.immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no. ..... 1and 2) allowed india to delay the application of the provisions of the agreement for a period of 5 years, that is, till january 1, 2000; sub-article 4 allowed india to delay for a further period of five years, that is, till january 1, 2005, the application of the provision relating to product patent, in respect of all articles excluded by the patent act, 1970 [section 5 of the act as before it was amended:section 5. .....

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... the pressure of time under which parliament was obliged to deal with the matter and pass the act, replacing ordinance no.7 of 2004 and amending the patents act, 1970, is best stated in the statement of objects and reasons for the patents (amendment) act, 2005 (act 15 of 2005). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act[23]. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005. ..... immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no.7 of 2004), as under: section 3. ..... by the amendment act of 1999, section 5 of the parent act was amended to provide for making a claim for patent of an invention for a substance itself intended for use or capable of being used, as medicine or drug [20].. ..... to our mind, the submission completely misses the vital distinction between the concepts of invention and patentability a distinction that was at the heart of the patents act as it was framed in 1970, and which is reinforced by the 2005 amendment in section 3(d).103. .....

In Re: Smt. Tarak Bala Dasi (Deceased)

Court : Kolkata

Reported in : (1989)1CALLT426(HC),93CWN812

..... in this case is as to whether this court in terms of clause 34 of the letters patent can have jurisdiction over the probate proceedings irrespective of the fact that by deletion of section 300 of the indian succession act so far as city civil court is concerned, and also by the said city civil court (amendment) act, 1980 city civil court does have jurisdiction of the matter. ..... court in the said case that section 5(3) of the amendment act has affected the jurisdiction conferred on the high court by clause 34 of the letters patent only in cases arising exclusively within the territorial jurisdiction of the city civil court as defined in section 2(3) of act.13. mr. ..... by this court in sailendra sarkar's case (supra) is that if city civil court by virtue of the said amendment act has jurisdiction over the matter then by virtue of deletion of section 300 of the indian succession act, so far as city civil court is concerned, this court cannot have any jurisdiction over a testamentary matter even under clause 34 of the letters patent ..... . this court has construed in the goods of sailendra nath sarkar (supra), section 5(3) of the city civil court act as amended as that the said provision has affected the testamentary and intestate jurisdiction conferred in the high court by clause 34 of the letters patent only in cases arising exclusively within the territorial jurisdiction of the city civil court that is where the deceased died having a fixed place of abode or leaving any asset within .....