Court : Delhi
Decided on : Jul-08-2019
..... , 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. from that list submitted to us, we have opted for the name of dr.p.c.chakraborti, deputy controller ..... of patents & designs, who holds post- graduate degree of m.sc.(chemistry) as well as ph.d. ..... directed to hear the matter with liberty to take the assistance of a scientific expert from the panel of experts under section 115 of the patents act, 1970. reference is made to election commission of india v. dr. subramanian swamy, (1996) 4 scc104 kwality restaurant v. the commissioner ..... 5571/2019 page 9 of 32 2.3. 4.5. 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 .....
Tag this Judgment!Court : Delhi
Decided on : Jan-10-2019
..... 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. (emphasis supplied) 8. the controversy has arisen, since the petitioner moved the application ..... to enforce is the right to institute any proceedings for infringement until the patent has been granted . pertinently, sub-section (7) in section 11a was inserted by act 15 of 2005 with effect from 01.01.2005, i.e. by the same amendment act by which sub- section (1) of section 11b was amended. to read the period of limitation prescribed in rule 24b(1)(i) as .....
Tag this Judgment!Court : Delhi
Decided on : Apr-22-2019
..... is urged that this is significant, given the background of the fact that the term "importing" was specifically included in section 107a of the act by the patents (amendment) act, 2005, without any mention of the word export" or "offering for sale". this clearly indicates that the legislature did not intend to include these activities within the ambit of the said ..... india, that regulates the manufacture, construction, use or sale of any product 76. eventually, the patents amendment act, 2005 which proposed the amendment in its present form, was enacted; it reads as follows: 107a: for the purposes of this act (a) any act of making, constructing, using selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2019
..... of an interlocutory order which amounts to an exercise of discretion and which may yet amount to a judgment within the meaning of the letters patent. suppose the trial judge allows the plaintiff to amend his plaint or include a cause of action or a relief as a result of o.m.p. (comm) 31/2017 page 16 of ..... in the letter of invocation of arbitration and also in the petition under section 11 of the arbitration and conciliation act, 1956 (for short the act ). but had been inadvertently left out.5. respondent in reply/opposition is contesting this amendment, inter-alia, on the pleas that these claims were given up and can not be raised now, application ..... clear is that the claims were clearly not bogus. the order rejecting the application by holding that the claims are barred by limitation, thus constitutes an award under the act.27. the question as to what constitutes an interim award was settled by a recent judgment of the supreme court in indian farmers fertilizer co- operative limited v. .....
Tag this Judgment!Court : Delhi
Decided on : Apr-11-2019
..... court that are specifically enumerated under order xliii of the code of civil procedure, 1908 as amended by this act and section 37 of the arbitration and conciliation act, 1996. (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or decree of a ..... trial of a suit in respect of a commercial dispute of a specified value; (2) section 13(2) of the said act specifically excludes the operation of the provisions contained in the letters patent of a high court or any other law for the time ..... of any letters patent of a high court or a provision such as section 10 of the delhi high court act, 1966 but, in the context of the code of civil procedure inasmuch as (1) the commercial division and the commercial court are enjoined by section 16 to follow the provisions of the cpc, as amended by the said act, in the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-08-2019
..... of 57 54. it is noteworthy to mention here that the challenges which can be raised under the provisions of the section 64 of the patents act 1970 (as amended in the year 2005) are in the nature of the questions dependent on facts or the mixed question of facts and laws. where in the case after applying the ..... may even qualify as an invention as defined under the act and yet may be denied patent for other larger considerations as may be stipulated in the act. having, therefore, seen the meaning of invention , we may now advert to section 3 as it stands after the amendment of the act in 2005. twin the 34. for the purpose of deciding the ..... for qualifying as "inventions" things belonging to different classes, and for medicines and drugs and other chemical substances, the act sets the invention threshold further higher, by virtue of the amendments made in section 3(d) in the year 2005. xxxx 157. what is "efficacy"?. efficacy means "the ability to produce a desired or intended result". hence, the .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2019
..... so requested, the controller may either reject the representation or require the complete specification and other documents to be amended to his satisfaction before the patent is granted or refuse to grant a patent on the application, by passing a speaking order to simultaneously decide on the application and the representation ordinarily within ..... documents or material which are otherwise available in the public domain. the reliance placed by the petitioner on section 79 of the patents act is misplaced. section 79 of the patents act mandates that evidence before a controller can be submitted by way of an affidavit but the controller also has the right to ..... 13.05.2009, the petitioner filed a request for examination. the controller issued the first examination report (fer) under section 14 of the indian patents act, 1970 (hereafter the patents act ) on 24.05.2013.8. the petitioner responded to the fer further restricting its claims to only fifteen claims. these were further restricted to .....
Tag this Judgment!Court : Delhi
Decided on : Jul-16-2019
..... based on evidence led by the parties, and therefore, would also have to be characterized as perverse.43. given the fact that the amended act will now apply, and that the patent illegality ground for setting aside arbitral awards in international commercial arbitrations will not apply, it is necessary to advert to the grounds contained in ..... case of no evidence or rendering of an award by ignoring vital evidence would continue to fall within the ambit of the expression patent illegality ever after the enactment of the 2015 amendment act.17. therefore, as indicated above, while dealing with this issue, unless i conclude that the learned arbitrator ignored vital and relevant ..... insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2019
..... with.38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), in associate builders (supra), and paragraphs 28 and 29 in particular, is now understood as o.m.p. (comm) 229/2019 page ..... approach, the court's intervention would be on the merits of the award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-2019
..... section 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not ..... gives no reasons for an award and contravenes section 31(3) of the 1996 act, that omp(comm.) no.228/2017 page 14 would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders ..... against basic notions of justice or morality as understood in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii)and explanation by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with. 48(2)(b)(ii .....
Tag this Judgment!