Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Page 4 of about 1,464 results (0.532 seconds)

Nippon Steel Corporation Vs. Union of India

Court : Delhi

..... : (1) no application for a patent shall be examined unless the applicant or any other interested person makes a request in ..... the court to rewrite the time limits set out in the act and the rules.18. the above submissions have been considered. it is necessary to examine the scheme of section 11-b of the act as amended by the patents (amendment) act 2005 and the corresponding rule 24-b of the rules as amended by the patents (amendment) rules 2006 which read as under: "11-b request for examination .....

M/S Lek Pharmaceuticals D.D. Vs. the Assistant Controller of Patents a ...

Court : Intellectual Property Appellate Board IPAB

..... later; (v) the period for making request for examination under section 11-b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11-b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. (2) (i) the period within which the controller shall refer the application ..... to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act. the amendment to the section 80 has been made in the patents (amendment) act, 2002 as given below:- amendment of section 80. in section 80 of the principal act, the following proviso shall be inserted at the end, namely:- provided that the party desiring a hearing makes .....

Novo Nordisk Health Care Ag Verseus the Assistant Controller of Patent ...

Court : Intellectual Property Appellate Board IPAB

..... opportunity to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act. the amendment to the section 80 has been made by the patents (amendment) act, 2002 as given below:- 38. in section 80 of the principal act, the following proviso shall be inserted at the end, namely;- provided that the party desiring a hearing makes the ..... 1-12-2003, the application was allowed to proceed in the name of the claimant. the appellant filed a request for examination on 12.09.2005. the respondent after the examination issued the first examination report (fer) on 09.06.2006 and the last date for placing the application in order for grant was 09.06. .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... of which are separately defined.45. ms. singh disputed that the subject patent was wrongly granted because of a potential overlap of protection under the pv act. it is argued that in the patent amendment act of 2005 the pre-existing section 5 of the patents act, vis- -vis inventions where only methods or processes of manufacture patentable stood repealed; the expression invention in section 2(1)(j) was ..... substituted. now an invention means a new product or process involving an inventive step and capable of industrial application . section 5 before the 2002 amendment stood thus:-" 5 .....

Reliance Infrastructure Ltd. Vs. State Of Goa

Court : Supreme Court of India

..... insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2-a), 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 ..... to be generating the rated output without any degradation. similarly, bggts had carried out the hot gas path inspection of gt during annual inspection in september 2005. all operating parameters were checked and the turbine was found to be generating its rated output without any degradation. 6053. the respondent submitted that the certificate ..... degradation of the plant even thereafter. therefore, the contractual stipulation regards downrating, which was never amended or deleted by any subsequent agreements, could not have been ignored or bypassed based on the certificate dated 8th november 2005 or the minutes of the meeting dated 5th april 2007.125. the impugned award to the .....

Tennessee Vs. Lane

Court : US Supreme Court

..... florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627 (1999). at issue in that case was the validity of the patent and plant variety protection remedy clarification act (hereinafter patent remedy act), a statutory amendment congress enacted in the wake of our decision in atascadero state hospital v. scanlon, 473 u. s. 234 (1985), to clarify its intent to abrogate ..... to exercise their fundamental constitutional rights. thus, as with title i in garrett , the patent remedy act in florida prepaid , the age discrimination in employment act of 1967 in kimel , and the rfra in city of boerne , all of which we invalidated as attempts to substantively redefine the fourteenth amendment, it is unlikely that many of the [state actions] affected by [title ii] ha .....

Somabhai Ishwarbhai Bhagat Vs. Natwerlal Chhanalal and Co. and ors.

Court : Gujarat

Reported in : (1975)16GLR130

..... affidavit-in-reply and also filed an affidavit of one mr. j.t. trivedi who was attending to the proceedings for registration of the patent on behalf of the plaintiff. the court granted the amendment and issue 8a was added to the issues already framed by the court on 16th december 1971.9. as the newly added issue 8a ..... is equally right in his preliminary objection to the court examining the claim for revocation of the patent.13. the suits are governed by the patents & designs act 1911. 'patent' is defined in section 2(11) to mean a patent granted under the provisions of the act. 'patentee' is defined in section 2(12) to mean the person for the time being ..... to have been granted as on the date of application. section 11 is material for some purpose. it reads as under:11. date of patent: except as otherwise expressly provided by this act, a patent shall be dated and sealed as of the date of application:provided that no proceedings shall be taken in respect of an infringement committed before .....

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Reported in : (2007)1CALLT227(HC)

..... will bequeathing the property which is situated within the limits of the state or 'bengal division' as contemplated in the letters patent, but outside the jurisdiction of city civil court after the said amendment act.11. in the case of sailendranath sarkar (supra) the deceased had the place of abode as well as the properties within ..... be considered to what extent the jurisdiction of the high court in testamentary and intestate matters conferred by clause 34 of the letters patent, 1865 has been affected by the city civil court (amendment) act, 1980. in the case of maniklal shah v. hiralal shah 54 cwn 225 it has been held that under clause 34 of ..... in testamentary and intestate matter arising exclusively within the jurisdiction of the city civil court by the city civil court (amendment) act, 1980 cannot exercise the same by virtue of clause 34 of the letters patent in the cases arising exclusively within the territorial jurisdiction of the city civil court. that would clearly defeat the purpose .....

A.J. Von Wulfing Vs. D.H. Jivandas and Co.

Court : Mumbai

Reported in : (1926)28BOMLR243

..... of trade marks in october 1916, by and under the order made by the board of trade and under rules made under the patents, designs and trade marks temporary rules act 1914 amendment act and that thereupon the said marks and names became public property both in england and india. they further contend that sunatogen and formamint ..... london firm until the property and assets of the plaintiffs' london firm were sold in june 1917 by the controller appointed under the trading with the enemy (amendment) act 1916 to genatosan limited, that from and after june 1917, the said genatosan limited imported the said compounds under the names of sanatogen and formamint, that ..... classes of marks which should be capable of being so appropriated. 7. further amending acts were passed, and the act now in force is the trade marks act, 1909, as amended by the trade marks act of 1919. there were prohibitory sections in the said acts which purported to make registration a condition precedent to a right of action to .....

Super Cassetes Industries Ltd. Vs. Myspace Inc. and Another

Court : Delhi

..... grant or non grant of the injunction against the defendants. the relevant sections of amended act relied upon by the defendants which according to the defendants will enable the defendants to escape the liability of infringement are reproduced hereinafter: "section 79 of it act, 2000 reads as under : "exemption from liability of intermediary in certain cases - ..... provisions also enacts the proviso which is also inserted by way of amendment which states that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act, 1957 or the patent act, 1970. thus, as per mr. sibal, the it act may override any other law, but by way of operation of ..... said proposition has been laid down by the supreme court in bharat forge co. ltd. v. utam manohar nakate (2005) i llj 738 sc ; m.p. gopalakrishnan nair and anr. vs. state of kerala & ors.: air 2005 sc2053] 55.13. in banyan tree (supra), the honble division bench has rightly reframed the issue in the .....