Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Year: 2008 Page 1 of about 74 results (0.165 seconds)

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

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 .....

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

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 .....

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

..... ), which forms part of the agreement establishing the world trade organization (wto). thereafter, the patents amendment act 15 of 2005 was brought into force by way of ordinance, namely, patents (amendment) ordinance 2005 dated 26.12.2004 and ultimately was enacted as the patents amendment act, 2005 which has made substantial changes. to the inventor a patent system confers certain definite advantages. the incentive for technical invention is monetary reward. in the ..... case of machines or apparatus it is impossible to keep the invention secret since knowledge of the invention may be obtained by dismantling the machine. if a patent is obtained for the .....

Natco Pharma Limited Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... and without making our order a precedent for future cases, we called for a panel/list of controllers duly qualified under section 116 of the patents act, as amended by the patents (amendment) act, 2006.6. 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.7. we, accordingly, direct that all preliminaries will be completed ..... account of absence of technical member in the intellectual property appellant board (ipab) constituted under the provisions of section 116 of the patents act, 1970. on 2nd april, 2007, central government appointed s. chandrasekaran as technical member (patent) of ipab vide notification of even date. on 3rd april, 2007, notification was issued notifying 2nd april, 2007 as the .....

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)

..... act.29. the term 'invention' is defined under section 2(j ..... england, the word patent is used denoting a monopoly right in respect of an invention.28. 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 01.01.2005. prior to the said amendment, section 2(m) defined 'patent' as,'patent' means a patent granted under this .....

Mariappan Vs. A.R. Safiullah,

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 .....

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.

..... open. pursuant to the order of the learned single jude, dated 16th december, 2004, the controller of patent again rejected the application filed by the writ petitioners on december 28, 2004. 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 emr ..... was totally deleted. on june 9, 2005 the writ petitioners filed another writ application thereby challenging the order dated 28th december .....

Indian Network for People Living with Hiv/Aids, Rep. by Its President ...

Court : Chennai

Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36

..... contended by the petitioners that the indian patents (amendment) act, 2005 was passed to make the said act compliant with the obligations under trips. trips, signed in 1995, required india to effect a product patent regime after ten years. from 1995, it became clear that india would adopt a product patent regime by 2005. prior to the patents (amendment) act, 2005 the said act only granted patents for processes but not for products. therefore ..... of the pre-grant and post-grant procedure vide sections 25(1) and 25(2) of the said act has been brought about by the patent amendment act, 2005 (hereinafter referred to as the 'said amendment'). a perusal of the statement of objects and reasons of the said amended act would clarify the legislative intent of giving right of objection to 'any person', whereas prior to the said .....

J. Mitra and Co. Pvt. Ltd. Vs. Kesar Medicaments and anr.

Court : Delhi

Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)

..... appeal. while it is the plea of the plaintiff that appeals under section 117a of the said act can be filed only against orders under section 25 of the said act, it may be noticed that prior to the amendment of the said act vide the patents amendment act, 2005, to the provisions inter alias of section 117a(2), which came into force from 2.04.2007 ..... defendant no. 2 is one under section 25(1) of the said act and section 117a(2) of the said act provides for appeals to be filed before the appellate board only against orders under section 25(4) of the said act which are with regard to maintaining, amending or revoking a patent i.e., at the post grant stage. it is also stated ..... that defendant no. 2 has filed a fresh application on 20.11.2006 seeking stay of the patent granted in favor of the plaintiff and on 21.11.2006, .....

Mahendra Panmal Duggad JaIn and anr. Vs. Bhararilal Panmal Duggad JaIn ...

Court : Mumbai

Reported in : 2008(6)BomCR699; 2008(4)MhLj803

..... to the new forum specific provision to that effect has been made in the statute, for example, the recovery of debts due to banks and financial institutions act, 1993, patents (amendment) act, 2002 etc. it is true that no litigant has any vested right in a matter of forum but when the appeals have been filed in the tribunal ..... 24th march, 1999, pune municipal corporation v. kanhyalal reported at 2005(2) mh.l.j. 89, khalilnabi patel v. gulam hussain reported at : 2003(2)bomcr479 .9. the learned single judge dealing with the present civil application held that absence of saving clause in the amending act 1999 was not material, since such saving clauses were many times ..... . similar orders were passed by learned single judges in khalil nabi v. gulam hussain reported at : 2003(2)bomcr479 , and pune municipal corporation v. kanhayalal reported at 2005(2) mh.l.j. 89. the learned single judge of this court, who heard the present application for re-transfer of the appeal, considered the judgment of the .....