Court : Chennai
Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)
..... .s.a. no. 283 of 2006 the said decision requires reconsideration in view of the patents (amendment) act 2005 under which, major amendments were effected to the patents act, 1970. the learned counsel further invited the attention of this court to section 48 of the patents act, which came to be substituted by act 38 of 2002 with effect from 20.05.2003 under which, sufficient protection is granted for ..... least at the time of granting order of interim injunction.61. section 48 of the patents act, 1970 as amended by the patents (amended act 2002) with effect from 20th may, 2003) protects the rights of patentees. since we earlier held that the patent granted to the applicant/plaintiff is only a process patent, in terms of sub-section (b) of section 48, the exclusive right to prevent .....
Tag this Judgment!Court : Delhi
..... worked on a commercial scale to the fullest extent, may make the articles made under the former patent obsolete, and may unfairly prejudice the interests of the person working that patent.97. it is necessary to refer certain provisions of the patent act, 1970 as amended by the patents (amendment) act, 2005. the relevant sections 48, 64, 83, 84, 107 and 108 of the same read as under: 48 ..... . rights of patentees subject to the other provisions contained in this act and the conditions specified in section 47, a patent granted under this act shall confer upon the patentee (a) where the .....
Tag this Judgment!Court : Delhi
..... worked on a commercial scale to the fullest extent, may make the articles made under the former patent obsolete, and may unfairly prejudice the interests of the person working that patent.97. it is necessary to refer certain provisions of the patent act, 1970 as amended by the patents (amendment) act, 2005. the relevant sections 48, 64, 83, 84, 107 and 108 of the same read as under: 48 ..... . rights of patentees subject to the other provisions contained in this act and the conditions specified in section 47, a patent granted under this act shall confer upon the patentee (a) where the .....
Tag this Judgment!Court : Allahabad
..... the central excise act. the petitioner has also prayed for lifting the attachment of the petitioner's property at b-12 and 13, meerut road, ghaziabad and to quash the demand notice dated 8.10.2003. 2. by an amendment application the petitioner has prayed for declaring the auction held on 8.11.2005, as null and void and to quash ..... shukla appears for the central excise department. the petitioner is a public limited company engaged in the manufacture of generic as well as patent and proprietary medicines (exisable goods) falling under chapter-30 of the central excise tariff act, 1985. the petitioner is also availing the benefit of modvat/cenvat credit of duty paid on inputs used in the manufacture of ..... the goods was fixed at rs.64,008/- per metric tonne which comes to rs. 38,40,480/- for 60 metric tonnes. the auction was held on 8.11.2005 and the sale concluded on 9.1.2006. the goods were purchased by one m/s mittal enterprises for rs. 34,34,000/- in accordance with the procedure prescribed .....
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
..... 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 dated 2.4 ..... 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. even here, not all provisions were simultaneously brought into force. only certain sections of the patents (amendment) act, 2005 were brought into force.13. vide section 23 of the patents (amendment) act, 2005, ..... 293/06 in the high court under section 116, as it stood on 19.10.06 under the patents (amendment) act, 1999. on that date, the amended section 117a, suggested by patents (amendment) act, 2005, was not brought into force. on 19.10.06 the old law prevailed under which an appeal lay .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC496
..... writ petition against the labour court award has been specifically excluded by the u.p. high court (abolition of letters patent appeals) act. 1962 as amended by the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981. sri baghel referred to and relied on judgment of apex court in : [1996]2scr224 , firdosh fatima ..... further contended that appellant has not challenged the vires of the u.p. high court (abolition of letters patent appeals) act, the u.p. high court (abolition of letters patent appeals) act, 1962 or 1981 amendment act in this special appeal, hence he cannot be allowed to raise the said submission. he further contended that ..... ors. v. deputy director of consolidation and ors., had upheld the validity of the uttar pradesh high court (abolition of letters patent appeals) act, 1962 as well as amendment act 33 of 1972. the relevant constitutional entries pertaining to state legislature regarding abolition of special appeals in the high court has been .....
Tag this Judgment!Court : Delhi
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... official gazette. 22. on the date when the instant appeals were filed, chapter xix of the principal act, 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.23. 2 notifications were published in the ..... for the respondent urged that the tribunals can hear an appeal only against orders passed under sub-section 4 of section 25 of the patent amendment act, 1970 as amended by the patent amendment act of 2002 read with the patent amendment act, 2005. counsel urged that the amended provisions came into force on 2.4.2007. counsel wondered as to how can a board hear an appeal against an order passed .....
Tag this Judgment!Court : Delhi
Reported in : LC2010(1)278
..... fao no. 293/06 in the high court under section 116, as it stood on 19.10.06 under the patents (amendment) act, 1999. on that date, the amended section 117a, suggested by patents (amendment) act, 2005, was not brought into force. on 19.10.06 the old law prevailed under which an appeal lay before the high ..... 06 and fao no. 293/06. we have to decide the fate of these pending appeals. one more aspect needs to be mentioned. under the patents (amendment) act, 2005, appeal is provided to the appellate board against the order of the controller under section 25(4). however, that statutory appeal is maintainable only in ..... passed by the controller of patents (controller.) either allowing or rejecting a pre-grant opposition filed under section 25(1) of the patents act, 1970 (patents act.).2. 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.) as well as the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All90
..... upheld the validity of the u.p. high court (abolition of letters patent appeals) act, 1962 as well as amendment act 33 of 1972. the relevant constitutional entries pertaining to state legislature regarding abolition of special appeals in the high court has been considered by ..... in firdosh fatima's case (supra). there is no scope for any argument regarding challenge to vires of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981. the constitution bench of this courtin hasinuddin khan and ors. v. deputy director of consolidation and ors. 0044/1979 : [1980]2scr1207 had ..... paragraph 49:49. the second limb of submission of counsel for the appellant was to the effect that the uttarpradesh high court (abolition of letters patent appeals) (amendment) act, 1981 is ultra vires. the counsel for the respondents has rightly pointed out that there being no prayer in the special appeal for declaring the .....
Tag this Judgment!Court : Chennai
Reported in : (2007)4MLJ1153
..... 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 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 ..... parties on both sides and then passes an order, either granting the patent or rejecting the patent application, by giving reasons. prior to the amended section was brought into the statute book by the patent (amendment) act, 2005 (act 15/2005) with effect from 01.01.2005, it was preceded by ordinance 7/2004 containing the proposed amendment to be made to section 3(d). in the earlier portion of this .....
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