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Judgment Search Results Home > Cases Phrase: patents Court: allahabad Page 1 of about 2,695 results (0.088 seconds)

May 03 1974 (HC)

Shining Industries and anr. Vs. Shri Krishna Industries

Court : Allahabad

Reported in : AIR1975All231

..... for the purposes of the business of the firm. during the subsistence of the partnership none of the two partners could treat and deal with patent right as his individual property. the contention raised by learned counsel for the appellants is hence of no consequence.17. point no. 2 is ..... the firm which constituted of himself and raghubir lal anand as partners. there is a prescribed proforma (form 1-a) for making application for obtaining patent. there is a specific column in that proforma for mentioning that the applicant is the assign or legal representative of the true and first inventor. ..... the loss suffered, was refused.7. learned counsel for the appellants in his argument before us raised the following points:--(i) that for claiming patent of an invention it was not sufficient for the respondent to plead that it was in possession of an invention. it should further havebeen pleaded ..... manufactured by raghunath das kapur, defendant and others from before 5th may, 1965, and if so, its effect? 7. whether the plaintiff secured the patent of mechanism of the alleged padlock by misrepresentation and mis-statement of fact? 8. whether the design and mechanism of the padlocks and locks manufactured by ..... 'narain lock'. they, however, pleaded that the respondent firm was not the first and true inventor of the lock of which it had obtained patent, nor was it the legal representative nor an assign of the first inventor. according to the appellants, the mechanism of the locks manufactured by the .....

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Feb 17 1986 (HC)

Fabcon, Corporation Incorporated, in U.S.A. Vs. Industrial Engineering ...

Court : Allahabad

Reported in : AIR1987All338

..... follow necessarily that the defendant also seeks by way of a counterclaim that the patent be revoked. the defendant has not asserted in the pleadings anywhere that they are the patentee or that they are entitled to be registered as such, ..... express claim on the part of the defendant for revocation of the where of infringement is alleged by the plaintiff. that the defendant pleads that the patent set up by the plaintiff is invalid amounts only to the defendant raising a ground for the relief sought by the plaintiff being declined; it does not ..... to have raised a counter-claim and hence the suit be transferred to this court for decision as contemplated under the proviso to section 104 of the patents act, 1970. this was opposed by the defendant. the application filed by the plaintiff was rejected by the trial court against which this revision is preferred ..... machine containing the plaintiffs invention. the amount thus found due is also sought to be recovered. in defence it is asserted that there is no valid patent held as such by the plaintiff and no relief can be had on the basis of the averments contained in the plaint subsequent to the defence being ..... is prayed at the end that the trial court be pleased to dismiss the suit of the plaintiff in favour of the defendant and the patent no. 140164 be held as invalid on the basis of the submission contained in the written statement. it is urged that since the defendant has .....

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Mar 16 1960 (HC)

Standard Glass Beads Factory and anr. Vs. Shri Dhar and ors.

Court : Allahabad

Reported in : AIR1960All692

..... incidental proceedings for attachment or arrest before judgment or for temporary injunction or for the appointment of a receiver were judgments within the meaning of clause 15 of the letters patent. such orders did not dispose of any rights or determine any liabilities in dispute in the suit or proceeding itself. such orders only related to 'a detriment suffered in ..... parties; it only initiates the proceedings by which the liability of the justices to make compensation will be ascertained and determined.' he defined 'judgment' in clause 15 of the letters patent as meaning 'a decision which affects the merits of the question between the parties by determining some right or liability. it may be either final, or preliminary, or interlocutory, the ..... which the permanent injunction had been claimed. the district judge granted the temporary injunction and restrained the appellants from manufacturing, selling or using glass beads in infringement of the respondents' patents. against that order a first appeal from order was filed in, this court under order xliii, rule 1 (r) c. p. c. it was heard by mr. justice vishnu ..... generally assumed that a preliminary judgment and an interlocutory judgment are the same. with respect, i doubt whether this assumption is justified. the use of both terms in the letters patent suggests that they have different meanings although the meanings may overlap. in black on judgments cited by krishnaswamy ayyar, j., in his illuminating judgment in ilr 35 mad i the .....

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May 16 1962 (HC)

Laxmi Dutt Roop Chand Vs. Nankau and ors.

Court : Allahabad

Reported in : AIR1964All27

..... at. if the patentee claims protection for a process for producing a result and that result cannot be produced by the process ...... considerationfor the patent fails' and the protection which is purchased by the promise of results cannot survive. it has already been shown earlier that some of the ..... the defendants have not completely copied out or imitated the plaintiff's process of manufacture and one essential part of it, which according to the patent itself reduces the time in the manufacture of utensils, is missing from the defendants' process of manufacture.the statement of nankau defendant that he ..... defendants came to their shop and learnt theprocess of manufacture on the pretext of getting a licence and then stealthily adopted that process infringing the patent right. the defendants' case, on the other hand, is that utensils with the aid of darjas which have been signed by the vakil commissioner ..... 2 only, defendant no. 3 has not put in appearance in this case. the contesting defendants have denied the allegations relating to the alleged patent obtained by mahabir prasad vishwakarma or its transfer in the plaintiff's favour or the registration of assignment. it has been alleged that the suit ..... devi in mirzapur city. luxmi dutt and roop chand are the two partners of the firm at present. one mahabir prasad vishwakarma of mirzapur obtained a patent no. 42514 of 1950 under the act in respect of the process of manufacture of hollow wares, such as 'lotas', 'batwas', 'degchis', 'batlois .....

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Nov 14 1961 (HC)

Sarjudei Vs. Rampati Kunwari

Court : Allahabad

Reported in : AIR1962All503

..... equality before the law.9. we do not accept the argument of sri jagdish swamp that section 24 applies to miscellaneous suits such as those under the copyright act, the patents act and the divorce act and not to first appeals from decrees of civil judges. he could not point to any words in section 24 which would have the effect ..... order passed before the constitution came into force.7. a judgment in a first appeal passed by a judge of this court is appealable under clause 10 of the letters patent to a bench and the appeal will lie on questions of fact and law both. if the first appeal is transferred to a district judge and is disposed of by ..... competency of the transferee court. in sadar ali v. doliluddin : air1928cal640 and vasudeva samiar in re, air 1929 mad 381 (sb) it was held that the amendment in the letters patent which took away the absolute right of appeal to a division bench from a single judge's judgment and gave a right of appeal only with special leave of the .....

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Jan 18 2007 (HC)

Cattle Remedies and anr. Vs. Licensing Authority/Director of Ayurvedic ...

Court : Allahabad

Reported in : 2007(2)AWC1093

..... given to it are trade mark of any other person or not.it is appropriate that the drugs rules be amended and declaration be required that medicines are not patented under the patent act and the name is not a trade mark of any other person.ivth point : relief:44. the licensing authority should grant licence to manufacture medicine in ..... licence, the licensing authority should consider the following two points:(i) whether the name is trade mark of any one else or not, and(ii) whether the medicines are patented under the patent act or not.it is for this reason that the supreme court made the following observations in cadila health care ltd. v. cadila pharmaceuticals ltd. : [2001]2scr743 ..... manufactured exclusively in accordance with the formulae prescribed in the authoritative books of ayurvedic, siddha and unani tibb systems of medicine, specified in the first schedule.3 (h) 'patent or proprietary medicine' means:(i) in relation to ayurvedic, siddha or unani tibb systems of medicine all formulations containing only such ingredients mentioned in the formulae described in the ..... the venetian senate (see end note-2).30. the grant of exclusive privilege to inventors spread from italy to other european nations. countries (that lacked technology) started granting exclusive patents (rights) to foreign inventors in exchange of introducing the technological innovation in that country. however, the unlimited duration of exclusive rights created unfair monopolies, and the british parliament enacted .....

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Jan 29 1952 (HC)

Debi Singh and ors. Vs. Jagdish Saran Singh and ors.

Court : Allahabad

Reported in : AIR1952All716

..... appeal and was affirmed by a bench of the allahabad high court consisting of thom c. j. and ganga nath j. the judgment in letters patent appeal is reported in 'bishan lal v. banwari lal' : air1939all713 . the interpretation of the proviso in question was specifically considered by the bench ..... can only be determined by reference to section 58(a).'it may be mentioned that the judgment of the learned judge was upset in the letters patent appeal reported in 'mumtaz begam v. lachhmi' : air1931all196 , on another point, but the view expressed by him as to the interpretation of ..... was the mischief or defect for which the law had not provided, what remedy parliament appointed, and the reason of the remedy.'in considering the patents, designs, and trade marks act, 1883, their lordships referred to the report of the commissioners.49. the mischief which the legislature wanted to remedy ..... is the true reason of the remedy? the case was followed by the house of lords in 'eastman photographic materials co. ltd. v. comptroller general of patents, designs and trade-mark'. (1898) ac 571. the earl of halsbury observed:'among the things which have passed into canons of construction recorded in 'heydon ..... appellant to the report of the special select committee. this is permissible. in the 'eastman photographic materials co. ltd. v. the comptroller general of patents, designs and trade marks' (1898) ac 571, the house of lords held that the report of the trade marks commissioner as ho the defect sought .....

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Feb 07 1934 (PC)

Mohammad Abdul Karim Vs. Mahammad Yasin

Court : Allahabad

Reported in : AIR1934All798

..... 64 of the general portion of the act which provides for any person making an application to the high court for rectification of the register of patents or of designs on the grounds that any entry was wrongly made. under this section no doubt it would be open to the defendants to make ..... within the meaning of the expression used in section 83, patents and designs act.6. the third ground stated:because no question was raised or could be raised by the defendants that the plaintiff was not a registered ..... plaintiff was not the proprietor of the design. the first ground of appeal states:because the plaintiff having got the design in dispute duly registered at the patent office and being the holder of a certificate of registration granted to him as the proprietor of the design, was 'registered proprietor of the design' ..... section 43 to section 54 refers to designs and the third part is general. by section 29(2) it was provided thatevery ground on which a patent may be revoked under this act shall be available by way of defence to a suit for infringement.4. the defence therefore and the court were ..... certifying that a design no. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the patents and designs act of 1911. the photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: .....

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Feb 07 1934 (PC)

Mohammad Abdul Karim Vs. Mohammad YasIn and anr.

Court : Allahabad

Reported in : 153Ind.Cas.214

..... definition of 'parent' or 'patentee' which implies an invention. that provision in regard to invention is found in section 3 which deals with the application for a patent. now section 53 with which we are concerned, does not contain any similar language but it refers to, in sub-section (2)(a), 'the registered proprietor', ..... within the meaning of the expression used in section 53 of the patents and designs act.8. the third ground stated:because no question was raised or could be raised by the defendants that the plaintiff was not a ..... not the proprietor of the design.7. the first ground of appeal states:because the plaintiff having got the design in dispute duly registered at the patent office and being the holder of a certificate of registration granted to him as the proprietor of the design was 'registered proprietor of the design' ..... section 43 to section 54 refers to designs, and the third part is general. by section 29(2) it was provided thatevery ground on which a patent may be revoked under this act shall be available by way of defence to a suit for infringement.5. the defence, therefore, and the court, ..... a design no. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the indian patents and designs act of 1911. the photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: .....

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May 22 1918 (PC)

Lakhpat Rai and ors. Vs. Sri Kishan Das and ors.

Court : Allahabad

Reported in : AIR1918All24; (1919)ILR61All68; 48Ind.Cas.450

..... precise details herein described delineated, but what we believe to be novel and original, and therefore claim as the invention secured to us by the hereinbefore in part recited letters patent, is--first, the construction and arrangement of the parts of pattern mechanism and shuttle box moving and holding mechanism as herein distinguished generally.' that seems to me to be ..... somewhat startling proposition that not only other traders mostly in calcutta, but even the plaintiffs themselves, have all along manufactured banslochan by this method which the plaintiffs now seek to patent, that it is really the only method known to the trade, that it is incapable of improvement, and that the plaintiffs have themselves, been doing business by this method ..... terms of that letter and to the fact that it is common ground that the process of manufacture referred to in that letter was precisely the same as the plaintiffs' patented process of manufacture, that the defendants have not seriously challenged the plaintiffs' contention that the plaintiffs' process of manufacture, if new, is certainly an improvement. the defendants have ..... , mullick street, calcutta, against a judgment dismissing their suit brought against the defendants srikishan das, bahal rai and bhup narain, carrying on business at farrukhabad, for infringement of the patent. one prag narain who figures somewhat prominently in the case, is a member of the plaintiffs' firm, but, for reasons best known to the plaintiffs, was not one of .....

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