Court : Delhi
..... simplify and make the patents act a modern legislation - were enacted to comply with india's obligations as a ..... . 120. thereafter, the patents act, 1970 was enacted to consolidate the patents laws in india and, apart from certain provisions, came into force on 20th july, 1972. 121. after its enactment, the patents act, has been subjected to three sets of substantial amendments by three acts: the patents (amendment) act, 1999 (17 of 1999); the patents (amendment) act, 2002 (38 of 2002); and the patents (amendment) act, 2005 (15 of 2005). these sets of amendments - apart from seeking to .....
Tag this Judgment!Court : Supreme Court of India
..... arbitration, has become outdated. the law commission of india, several representative bodies of trade and industry and experts in the field of arbitration have proposed amendments to this act to make it more responsive to contemporary requirements. it is also recognised that our economic reforms may not become fully effective if the law dealing with ..... 53. having come to this conclusion, it would appear that the decisions rendered by the court on the interplay between section 39 of the 1940 act and the letters patent jurisdiction of the high court shall have no application for deciding the question in hand. but that would be only a superficial view and the ..... courts on the point whether the finality attached to orders passed under section 588 (corresponding to section 104 of the present code) precluded any further appeals, including a letters patent appeal. the question, then, came up before the privy council in the case of hurrish chunder chowdry v. kali sundari debia, ilr (1882) 9 cal. 482 .....
Tag this Judgment!Court : Trademark
..... new form of a known substance without having any significant improvement in efficacy. hence i conclude that the subject matter of this application is not patentable under section 3(d) of the patents act, 1970 as amended by the patents (amendment)act, 2005.12. the opponent said this application was filed in india on july 17, 1998 as a convention application claiming swiss priority whereas switzerland was not ..... representation by way of opposition under section 25(1) of the patents act, 1970 as amended by the patents (amendment) act, 2005 was filed by m/s. gopakumar nair associates, mumbai on behalf of m/s. cipla ltd., mumbai on july 5, 2005 with a request for hearing under rule 55 of the patents rules, 2003 as amended by patents (amendment) rules, 2005.3. the applicant through their agents m/s. remfry & sagar .....
Tag this Judgment!Court : Delhi
Reported in : 167(2010)DLT6
..... person skilled in the article in order to substantiate this argument, shri jaitley, learned senior counsel relied upon the definition of inventive step under section 2(1)(ja) of the patents act, 2005 which reads as under:section 2(l)(ja): 'inventive step' means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic ..... mirrorinpatented mirror of plaintiffplaintiffsclaims in suit patentinguardian's mirrorsubstrateaglassavitreous substrateavitreous substrateaglasssensitizationwithtin chloridewithtin chloride (as stated in specification)nosensitization mentioned in claim 1. mentionedin claim 9(i) but does notspecifytin chloride amended claim 1states:-sensitizingmaterial, typically tin and atleastone materialselected from bismuth, chromium, gold,indium, nickel, palladium, platinum, rhodium, ruthenium, titanium, vanadium, zincwithtin chloridesupersensitizationabsentabsentabsentwithpalladium chloride palladium di chloride solution is .....
Tag this Judgment!Court : Uttaranchal
..... appeal arising from an application or proceeding, instituted or commenced whether prior or subsequent to the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall lie to the high court from a judgment or order of one judge of the high court, made in the exercise of jurisdiction ..... before the high court immediately before the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall be heard and disposed of as if that subsection had not been enacted.the aforesaid amendment necessitated a further amendment of rule 5, contained in section c, of chapter viii, of the 'rules of the ..... 1972 and 1975) deserves a reference. in the statement of objects and reasons recorded in the u.p. high court (abolition of letters patent appeals) (amendment) act, 1981, it was inter alia noticed, that despite various measures taken earlier, the number of pending cases in the high court at allahabad .....
Tag this Judgment!Court : Mumbai
..... the powers conferred by clause 37 of the letters patent on the chartered high courts. the supreme court held that the object of inserting section 129 in its present form in the c.p.c. was exactly the purpose for which it was inserted in the c.p.c. of 1882 by an amending act of 1895, namely: .... to recognize the ..... to the state of gujarat came up for consideration before the supreme court in church of north india vs. lavajibhai ratanjibhai (2005) 10 scc 760).in that case, the brethren church had been registered under the bombay public trusts act, 1950. by a resolution of the church, it was affirmed that the church of north india would be deemed to ..... is a special law which confers jurisdiction upon the charity commissioner and other authorities named therein and the provisions of the act and the scheme thereof leave no manner of doubt that the act is a complete code in itself (2005) 10 scc 760 at para 82 page 788) . 41. the learned single judge held that the deputy or assistant charity .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... that the parties to a proceeding shall have an opportunity for review by a judicial authority against any official administrative decision. the counsel for the appellant also argued that the patents (amendment) act, 2005 brought in a dichotomy between the pre-grant and post-grant opposition for the first time by introducing the post-grant opposition after the grant of ..... proceedings, for there existed an appeal against the pre-grant opposition under section 116 of the act as amended by the patents (amendment) act, 2002 before the grant of patent. the counsel argued that there has to be a remedy when there is a refusal of patent. the counsel argued that the act has conferred on the controller, namely the respondent here, the power to refuse the grant .....
Tag this Judgment!Court : Mumbai
..... (vol. a, part (a), p. 39). 7. on 15th december 2008, the 1st defendant ( sergi ?) filed an application under the right to information act 2005 enquiring about ctr s patent application status. on 30th january 2009, the patent office replied, saying that patent no. 202302 had been granted on 3rd august 2006. on 9th may 2009, sergi enquired of the mumbai ..... and/or other sensing means ? in relation to the buchholz relay to say that even ctr acknowledged the need for a prv or an rprr in its patent application amendments, but took these out later. ctr thus narrowed its claim to finally yield a complete disclaimer of the prv. since the prv is an essential component, ..... say that when ctr first moved court it did so not on its complete specification but on its provisional specification, one that had later suffered at least two amendments. he read this with the specifications and claims to show that the claims had altered between the time of the application and so had the specification. specifically .....
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 .....
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