Court : Supreme Court of India
Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368
..... /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 ..... patent. vide clause 47 of notes on clauses attached to the statement of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the high court to the ..... . here also, section 25 of the patents act, 1970 as amended by patents (amendment) act, 2005 (which refers to 'pre-grant opposition' and 'post-grant opposition') was brought into force on and from 1.1.2005 whereas amended section 117a by which appeal was provided for against post-grant opposition order was not brought into force ..... giving effect to the 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 ..... '. the main difference between section 25(1) and section 25(2), as brought about by patents (amendment) act, 2005, is that even after a patent is granted, 'post-grant opposition' can be filed under section 25(2) for a period .....
Tag this Judgment!Court : Mumbai
..... as the patents (amendment) act, 2005 is concerned, while dealing with the proposed amendments to section 25 this is what is stated in clause 23 of the notes on clauses:"clause 23: this clause seeks to substitute sections 25 and 26 of the act. ..... structure of the pregrant and postgrant 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'). ..... that the patents act, 1970 has been extensively amended by the patents (amendment) act, 2005. ..... sections 22, 23 and 24 have been deleted by the amendment act of 2005 and instead of earlier provisions, chapter v has been substituted by insertion of new section 25.41 if the grounds indicated in subsection (1) of section 25 are perused carefully, it is clear that opportunity contemplated by subsection (1) must be effective, meaningful and purposeful, so also, in consonance with the object of the amendment act ..... section 21 which has been substituted by the amendment act of 2005 provides for time for putting the application in ..... that on 29.10.2007 the petitioner filed a representation by way of opposition under section 25(1) of the patents act, 1970 r/w rule 55(1) of the patents (amendment) rules, 2005. ..... provides that if the specification or other documents are amended by the order of the controller, the patent shall stand amended accordingly.this clause also seeks to substitute section 26 of the act, which relates to the matter in cases of "obtaining .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN577
..... it is argured by counsel for the respondents that in view of provisions of the patents (amendment) act, 2005, section 78, nothing remains to be decided in the present case. ..... his contention is that provisions of section 78 of the patents (amendment) act, 2005 have no manner of application to proceedings which had stood concluded before the appointed date ..... in reply, counsel for the petitioners refers me to section 21 of the patents(amendment) act, 2005 omitting the chapter concerned from the principal act. ..... according to him, even after the patents (amendment) act, 2005, doing away with the regime of grant of exclusive marketing rights, the application submitted by the petitioners for such right has not lost its ..... counsel for the respondents argues that provisions in sub-section (2) of section 24a of the patents act, 1970 empowered the controller to ignore the report of the examiner and decide the application on the basis of result of his own investigation.8.i am afraid such contention, if accepted, is bound to defeat the legislative mandate given by sub-section (1) of section 24a of the patents act, 1970 that cast on the controller an unqualified obligation to obtain a report from the examiner for the purpose of giving final decision in an ..... terms of provisions in section 24a of the patents act, 1970, the controller sent the application for patent to an examiner for making report to him whether the inventions were not inventions within the meaning of the patents act, 1970, section 3. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)4MLJ1153
..... discovery of any new property or mere new use of a known substance or of the mere use 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 mere discovery of any new property or new use for a known ..... 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 ..... the prayer in both the writ petitions is one and the same namely, for a declaration that section 3(d) of the patents act, 1970, amended by patents (amendment) act 15/2005, is unconstitutional. ..... in this judgment, for convenience sake, we will hereinafter refer the patents act as the 'principal act'; ordinance 7/2004 introducing an amendment to section 3(d) of the act as the 'ordinance'; amending act of 2005 amending section 3(d) of the act as the 'amending act'; section 3(d) as the amended section and the act after the amendment as the 'amended act'. .....
Tag this Judgment!Court : Chennai
Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36
..... the amended provisions of the said act, which has been brought about by patents (amendment) act, 2005, it is provided in section 25(1) of the said act where an application for patent has been published, but the patent has not been granted, any person may in writing represent by way of opposition to the controller against the grant of patent on certain grounds enumerated under section 25(1) (a to k) of the said act ..... present structure 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') ..... said application it was contended by the petitioners that the indian patents (amendment) act, 2005 was passed to make the said act compliant with the obligations under trips. ..... prior to the patents (amendment) act, 2005 the said act only granted patents for processes but not ..... exact text of the said letter is set out herein below.with reference to your letter dated 01/11/2007, i would like to bring it to your notice that the two grounds of opposition by way of representation under section 25(1) of the patents act, 1970, as amended, have been carefully considered and found that the said issues have been met by the applicant ..... if you are interested, you may file post-grant opposition under section 25(2) of the patents act, 1970, as amended, as your request to withdraw/cancel the grant of patent is not permissible under the provisions of the patents act, 1970, as amended. 9 .....
Tag this Judgment!Court : Delhi
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... omitted. further, vide section 61 of the amendment act of 2005, section 117a of the principal act as inserted by section 47 of the patents amendment act, 2002 was also amended, in that, in sub-section 2 of section 117a the words and figures 'section 20, section 25, section 27, section 28' were to be substituted by the figures and words 'section 20, sub-section 4 of section 25, section 28'. ..... 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 ..... proceed with the matter either de novo or from the stage it was so transferred. 38. ms. pratibha singh, learned counsel 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, ..... . vide section 23 of the patent amendment act, 2005 existing section 25 was ..... 17. sub-section 2 of section 1 of the patents amendment act, 2005 reads as under:section ..... .18. vide section 23 of the patents amendment act, 2005 existing section 25 was ..... . vide another notification of even date, exercising power under sub-section 2 of section 1 of the patents amendment act, 2005 ..... 20. section 61 of the patents amendment act, 2005 reads as under:section .....
Tag this Judgment!Court : Supreme Court of India
..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... the pressure of time under which parliament was obliged to deal with the matter and pass the act, replacing ordinance no.7 of 2004 and amending the patents act, 1970, is best stated in the statement of objects and reasons for the patents (amendment) act, 2005 (act 15 of 2005). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act[23]. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005. ..... immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no.7 of 2004), as under: section 3. ..... by the amendment act of 1999, section 5 of the parent act was amended to provide for making a claim for patent of an invention for a substance itself intended for use or capable of being used, as medicine or drug [20].. ..... to our mind, the submission completely misses the vital distinction between the concepts of invention and patentability a distinction that was at the heart of the patents act as it was framed in 1970, and which is reinforced by the 2005 amendment in section 3(d).103. .....
Tag this Judgment!Court : Supreme Court of India
..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing the meaning of invention. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005.immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no. ..... 1and 2) allowed india to delay the application of the provisions of the agreement for a period of 5 years, that is, till january 1, 2000; sub-article 4 allowed india to delay for a further period of five years, that is, till january 1, 2005, the application of the provision relating to product patent, in respect of all articles excluded by the patent act, 1970 [section 5 of the act as before it was amended:section 5. .....
Tag this Judgment!Court : Delhi
..... - (1) no application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period; (2) [omitted by patents (amendment) act, 2005, section 11].. ..... of the application or from the date of priority of the first mentioned application or within six months from the date of filing of the further application, whichever 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. ..... this writ petition lays a challenge to the constitutional validity of sections 11(b) and 117a(1) of the patents act, 1970 (hereinafter referred to as the act ) and rules 24b and 138 of the patents rules, 2003 (hereinafter referred to as the rules ) framed therein inter alia on the ground that the rules do not provide an opportunity to the parties of being heard before their rights w.p. ..... (3) in case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other w.p. .....
Tag this Judgment!Court : Delhi
Reported in : LC2010(1)278
..... on that date, the amended section 117a, suggested by patents (amendment) act, 2005, was not brought into force ..... under the patents (amendment) act, 2005, appeal is provided to the appellate board against the order of the controller under section 25(4). ..... 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. ..... with the introduction of the remedy of a post-grant opposition, the amendment act 2005 also amended section 117a to provide an appeal against an order passed under section 25(4) by the controller on the post-grant opposition which could be an order either to maintain or to amend or to revoke the patent. ..... to its amendment in 2005 with effect from 1st january 2005, section 25(1) of the patents act provided that at any time within four months from the date of advertisement of the acceptance of a complete specification any person interested may given notice to the controller of patents (controller. ..... prior to its amendment in 2005, against an order under section 15 refusing a patent and against an order under section 25, an appeal lay in terms of section 116 of the patents act to the high ..... as it presently stands, after the amendment in 2005, while section 117a provides an appeal to the ipab against an order under section 25(4), it does not expressly provide an appeal against an order in a pre-grant opposition under section 25(1) of the patents act. .....
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