Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 11 amendment of section 11b Page 1 of about 436 results (0.113 seconds)

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

..... of the application 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 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. ..... by the petitioner and intervener, and if the intention of the rule making authority was to grant 48 months from the latter of the two, the rule making authority need not have disturbed the position as it existed in section 11b(1) prior to amendment by act 15 of 2005 with effect from 01.01.2005. ..... pertinently, section 135 which falls in chapter xxii of the act and deals with international arrangements, was also amended by act 15 of 2005 (w.e.f. ..... section 11-b(1), as its stood prior to amendment by act 15 of 2005 w.e.f. ..... 01.01.2005), section 11b(4) provided that in case the applicant, or any other interested person, does not make a request for examination of the application for patent within the period prescribed, the application shall be treated as withdrawn by the applicant.16. ..... thus, prior to amendment of section 11b with effect from 01.01.2005, there was no reference to the date of priority in section 11b. ..... . by the same amendment act by which sub- section (1) of section 11b was amended .....

M/S. Iritech Inc vs.the Controller of Patents

Court : Delhi

..... of the application 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 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. ..... (2) omitted by the patents (amendment) act, 2005 in case of an application in respect of a claim for a (3) patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person. ..... petitioner by the present petition seeks quashing of the deemed to be withdrawn status of the application no.5272/delnp/2008 under section 11b of the patents act, 1970 (hereinafter referred to as the act) and seeks restoration of the said application and for proceeding further with the same. .....

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 ..... 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. ..... the petitioner submits that in terms of section 11b(1) of the act and rule 24b of the rules, a request for examination of the patent (rfe) is required to be made within 48 months from the date of filing of the priority of the application or the date of ..... petitioner did not file the request for examination in terms of section 11b of the act within the stipulated period of 48 months as required under rule ..... section 11b of the act and rule 24b of the rules: (i) section 11b of the act: 11b ..... this writ petition lays a challenge to the constitutional validity of sections 11(b) and 117a(1) of the patents act, 1970 (hereinafter referred to as the act ) and rules 24b and 138 of the patents rules, 2003 (hereinafter referred to as the rules ) framed therein inter alia on the ground that the rules do not provide an opportunity to the .....

Ashim Ghosh Vs. The Controller of Patents

Court : Delhi

..... of the application 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 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. 7. ..... form-18), requesting for a substantive examination of his application in terms of section 11b (1) of the patents act, 1970 (hereafter the act ). ..... to quash the deemed to be withdrawn status of the application under no.1350/del/2007 under section 11b of the act and to consequently quash the said report (annexure-b) and to order the status of the application to be reflected as pending application. 3. ..... plainly, the provisions of section 11b(4) of the act would be applicable only if request for examination of the application is not made within the time specified under sub-section (1) and/or sub-section (3) of section 11b of the act. ..... however, section 11b(1) does not specify any time period within which an examination of an application is to be made; it only specifies that the request ought to be made in the prescribed manner and within the prescribed period; the manner and period for making a request is prescribed under rule 24b of the patent rules, 2003. .....

Sphaera Pharma, Pte. Ltd and Anr. Vs.union of India and Anr.

Court : Delhi

..... the application 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 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, whoever expires later. 11. ..... proceeding further, it would be relevant to refer to section 11b of the patents act, 1970 (hereafter the patents act ), which is set out below:-" 11b. ..... it is apparent from the language of section 11b(1) of the patents act that the consideration of any application for examination beyond the prescribed period is not ..... a plain reading of section 11b(1) of the patents act and rule 24b of the rules clearly indicates that there is no scope for considering a request for examination beyond the prescribed period of 48 months from the date of ..... petitioners state that the status of the indian patient application no.3584/delnp/2015 is reflected on the website of the indian patent office as application abandoned under section 11b .7. ..... (3) in case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested .....

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Supreme Court of India

Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.

..... on january 1, 2005 the patent (amendment act), 2005 came into operation by which various amendments to the act were made and the chapter iv-a which provided the mode of adjudication of the claim ..... of the act. ..... 2005 there was no scope for further considering the question of emr as chapter iva of the act has been deleted and in section 78 of the amending act, it has been specifically made clear that all pending applications for grant of emr filed under chapter iv- a of the principal act which were pending on 1st january, 2005 should be treated to be a claim for patents covered under sub-section (2) of section 5 of the principal act and such application should be deemed to be treated as a request for examination of grant of patents under sub-section (3) of section 11b ..... the learned single judge's view that the provisions of section 78 of the amendment act have no application to the proceedings which stood concluded before the appointed day appears to be the .....

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Kolkata

Reported in : 2006(3)CHN577

..... 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. ..... 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. ..... 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 ..... counsel for the respondents argues that provisions in sub-section (2) of section 24a of the patents act, 1970 empowered the controller to ignore the report of the examiner and decide the application on the basis of result of his own investigation.8.i am afraid such contention, if accepted, is bound to defeat the legislative mandate given by sub-section (1) of section 24a of the patents act, 1970 that cast on the controller an unqualified obligation to obtain a report from the examiner for the purpose of giving final decision in an ..... he says that in view of that section 78 application of the petitioners, if is directed to be decided afresh, can be decided only for the limited purpose of examination for grant of patent under section 11b(3) of the patents act, 1970.10. .....

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. .....

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

..... . section 2(m) of the patents act, 1970 defines 'patent' means a patent for any invention granted under this act.the said definition itself was substituted by the patents (amendment) act, 2005 (act 15 of 2085) with effect from ..... while considering the prima facie case and the balance of convenience, the patents (amendment) act, 2002 (act 38 of 2002), which has come into effect from 20.05.2003 and amendment act 2005, which came into effect from 01.01.2005 have to be taken into consideration, since there are remarkable changes ..... and of any rules made thereunder;(b) whether there is any lawful ground of objection to the grant of the patent under this ..... a patent in the prescribed manner [under sub-section (1) of sub-section (3) of section 11b, the application and specification and other documents related thereto shall be referred at the earliest by the controller] to an examiner for making a report to him in respect of the following matters, namely:-(a) whether the application and the [specification and other documents relating thereto] are in accordance with the requirements of this act .....

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

Court : Delhi

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

..... 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 ..... or that any claim of the complete specification is not fairly based on the matter disclosed in the specification;g) that the patent was obtained on a false suggestion or representation;h) that the subject of any claim of the complete specification is not patentable under this act;i) 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 false to his knowledge;j) the drug was known ..... the procedure for grant involves:a) publication of the application under section 11a(3) subject to the terms of the act and request for its examination under section 11b;b) examination of the application by the patent office, under section 12, including search for anticipation by previous application, under section 13 and report of the patent examiner;c) various options with the controller, under sections 14 to 21. .....