Court : Delhi
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... of pending proceedings to appellate board.- all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall be transferred to the ..... a second right of opposition was given at the post grant stage. further, no appeal was contemplated against an order passed by the controller of patents pertaining to a pre-grant opposition but against an order passed at the post grant opposition which right of opposition was restricted to a person interested ..... in the official gazette on 2.4.2007. vide notification no.so.510(e), exercising power under sub-section 2 of section 1 of the patents amendment act, 2002 the central government notified the remaining provisions of the amendment act of 2002 to come into force with effect from the date of ..... substituting certain words in sub-section 2 and sub-section 3 of section 25. however, pertaining to an opposition to an application for grant of a patent no amendment was incorporated in section 25; existing provisions whereof were retained as they were in the statute book. 11. vide section 47 of the amendment ..... 83 of the t.m. act, 1999?2. the question of law afore-noted has arisen due to the amendments incorporated in the patents act, 1970 by the patents amendment act, 2002 notified on 25th june, 2002 but various provisions thereof brought into force firstly on 20.5.2003 and the remaining .....Tag this Judgment!
Court : Delhi
Reported in : AIR1989Delhi249; 1989(1)ARBLR339(Delhi); 38(1989)DLT78
..... has not otherwise given any grounds, much less cogent, for not following the principles behind the grant of patents in those cases. learned counsel for the respondent has submitted that claim for 'process for generation of power from solid carbonized fuels' was refused ..... the controller that the process of 'removal of dust' and the 'process of purifying exhaust gases coming out of diesel engine' were registered as patent no. 133673 and 147324 respectively but in the instant case the controller has ignored the same on the plea of these being bad precedents. he ..... at this stage to refer to provisions of section 5 of the act which lays down : section 5. inventions where only methods or processes of manufacture patentable. in the case of inventions. (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or ..... himself and has ignored the provisions of section 5 of the patents act, 1970 (hereinafter referred to as 'the act') while rejecting the claim of the appellant. i have been taken through the order and various ..... the appellant had cancelled earlier statements of claims and as such the learned/counsel for the appellant has limited his appeal to the rejection of patent claim in respect of the above reproduced statement of claims only. (2) learned counsel for the appellant has urged that the controller has misdirected .....Tag this Judgment!
Court : Delhi
Reported in : LC2010(1)278
..... of patens rejected the application of yrdcl for grant of patents. the said order has been challenged in the present petition.41. this court heard the submissions of mr. sudhir chandra, learned senior counsel appearing for the petitioner and mr ..... .39. the petition is disposed of.wp (civil) no. 12006/200940. the petitioner m/s. yeda research & development co. limited (yrdcl.) has filed an application for grant of patents on 5th february 2003. the respondent natco pharma limited (npl.) filed a pre-grant opposition on 15th november 2007. by the impugned order dated 3rd march 2009 the assistant controller ..... legislature intended to have a dichotomy between 'pre- grant opposition' and 'post-grant opposition'. however, the legislature intended that there shall be only one statutory appeal against grant of patent. the legislature intended to obliterate appeal from 'pre-grant proceedings', which existed earlier. however, it was left to the executive to bring the enacted law into force vide notification. for ..... opponent an opportunity of being heard before deciding the case. therefore, at the pre- grant stage, prior to the amendment in 2005, the controller could either refuse the patent application or require the applicant to make amendments to the satisfaction of the controller and if such changes were not made as directed, he would refuse the application. therefore section .....Tag this Judgment!
Court : Delhi
Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298
..... at bombay. reliance was also placed by mr. bhushan on a division bench decision of the gujarat high court in anup engineering ltd. v. the controller of patents new delhi, (first appeal no. 600 of 1980 and special civil application no. 2767 of 1980) decided on 19th february, 1982. no doubt, the very ..... of the controller to the high court, and the controller under subsection (3) of section 2 of the designs act, 1911 means the controller general of patents designs and trade marks appointed under sub-section (1) of section 4 of the trade and merchandise marks act, 1958. the definition of the high court ..... shall be transferred to the high court for decision. reference may now be made to section 64 as well which deals with revocation of patents. under this section a 'patent may be revoked by the high court on the grounds mentioned in the section on a petition by any person interested or of the ..... in india; and (ii) for proceedings under ss. 43, 44, 51, 52, 60, 65, 68, 125, 153 and 154; be the head office of the patent office. (2) notwithstanding contained in sub-rule (1), until branch offices are established in accordance with the provision of sub-section (3) of s. 74 the appropriate ..... it is stated that office and the establishments of the first respondent are situated within the state of maharashtra and the application for grant of patent was made in the patents office at bombay and the impugned order is of the second respondent whose office is in bombay. it is the case of the first .....Tag this Judgment!
Court : Delhi
Reported in : 167(2010)DLT6
..... on corrosion resistance. in particular,. franz teaches only with regard to transparent articles and does not teach anything about any reflective articles such as mirrors whereas the plaintiffs patent claims a glass/silver/paint mirror with no copper layer.. franz has no paint layer whereas plaintiff mirror has a paint layer.. franz relates to metal layers of ..... vii) farbewerke hoechst aktiengesellschaft vormals meister lucius & bruning corporation v. unichem laboratories and ors. : air 1969 bombay 255 wherein paragraph 15 it was held that to anticipate a patent, a prior publication or activity must contain the whole of the invention impugned; i.e. all the features by which the particular claim attacked is limited. in other words, ..... and the defendants are seeking recourse to a technique which is popularly known as mosiacking.g) lastly, the plaintiff counsel has pointed out several similarities between the plaintiffs patent and that of the defendants from the chart filed alongwith the written submission dated 28th march, 2009 alongwith plaintiffs comments.judgments referred by the plaintiff34. in support of ..... that the process of activation and sensitization using tin and palladium was known in the industry much before the plaintiffs claimed inventino date.f) shipley- great britain patent no. gb929799this patent talks about improved metal depositions by treating the substrate with tin chloride or another tin salt to catalyze the deposition of a desired metal coating. the tin salt .....Tag this Judgment!
Court : Delhi
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... facie case for grant of injunction, is that the specification for the suit patent (i.e. patent no. 196774 corresponding to u.s.'498) showed that it was in respect of erlotinib hydrchloride polymorphs a+b which was on their own showing an unstable form ..... in 2005 but the explanation which has been added appears to particularly target pharmaceutical products. it discourages evergreening and prevents such derivative or other forms of the already patented product being granted patent unless the derivatives or other forms 'differ significantly in properties in regard to efficacy.' the plaintiffs contest the argument that erlotinib hydrochloride is a derivative of a ..... advocates appeared for the plaintiffs and mr. arun jaitley, learned senior advocate and ms. pratibha singh, learned advocate appeared for the defendant.plaintiffs' subsequent application for grant of patent in respect of polymorph b27. in this appeal, one of the significant issues posed by the defendant, which has a bearing on whether the plaintiffs have made out a prima ..... to restrain the defendant/respondent cipla limited from manufacturing, offering for sale, selling and exporting the drug erlotinib, for which the plaintiff no. 2 claimed to hold a patent jointly with pfizer products inc. the impugned judgment nevertheless put the defendant to terms including furnishing an undertaking to pay damages to the plaintiffs in the event of the suit .....Tag this Judgment!
Court : Delhi
Reported in : 1999IVAD(Delhi)613; AIR2000Delhi23; 80(1999)DLT56
..... as laid down in the american cynamid case (supra) the plaintiffs are entitled to injunction in their favour. according to the plaintiff various arguments relating to the validity of the patent and aspects such as prior publication etc. would depend on evidence. the aforesaid submission of the learned counsel for the plaintiff, in my considered opinion, is misplaced. some of the ..... connection reference may be made to the case of bishwanath prasad v. hindustan metal industris; : 2scr757 . in the said decision the supreme court held that in order to be patentable an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement; and must independently satisfy the test of ..... that pouches for storing and dispensing of lubricating oil were being used and were being purchased by the indian oil corporation from diverse sources much prior in advance to the patent of the plaintiff. the aforesaid allegation however, is denied by the plaintiff contending inter alias that there was no prepublication of the aforesaid goods prior to the grant of ..... , cancel the provisional specification and post-date the application to the date of filing of the complete specification. the controller has been vested with the power to post-date the patent under the provisions of section 17 of the act which reads as under:- 17. power of controller to make orders respecting dating of application. - (1) subject to the provisions .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(3)192; 2007(35)PTC377(Del)
..... of action, wholly or in part, arises. thereforee, if the sale of its products by the defendant constitutes an infringement of the plaintiff's patent, that conduct of the defendants would constitute a part of the cause of action, which has arisen in delhi, and this court would have ..... relief such as seizure, forfeiture or destruction of the infringing goods. such an interpretation would lead to absurd results. by the time the defendants patent is revoked /cancelled, the plaintiff's suit may itself become barred by limitation, if the plaintiff is first relegated to proceedings under section 25 ..... their water purification system under the name 'forbes aquasure'. it is averred that the defendant's product directly infringes the substance of the plaintiff's patent claim. the plaintiff has also produced a comparative chart of the components of both products in paragraph 13 of the plaint. it is alleged ..... purification system assuring a high degree of microbiological purity in the drinking water it delivers. the plaintiff made application no. 539/mum/2003 for patent registration in india in june 2002. the said application was notified for opposition purposes on 13th may 2005. it is averred that no opposition ..... been filed by the plaintiff seeking the relief of permanent injunction, rendition of account and damages on the basis of the alleged infringement of its patent in respect of a gravity fed water purification system, by the defendants.7. the plaintiff, it is averred, had in the year 2002 .....Tag this Judgment!
Court : Delhi
Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)
..... shows that where it is shown that the act complained of is what was disclosed in a prior publication, which can be relied on against the validity of the patent, and no patentable or substantial alteration has been made in respect thereof, there is a good defense. as far as the documents relied on by defendant no. 2 are concerned,the ..... .4.97 application dated 17.7.97application dated 30.11.2000recombinant and synthetic proteinrecombinant and synthetic peptidesrecombinant antigens (ns3, ns4, ns5 and core). this is identical to plaintiff's patent.hcv antibodies igg, igm, iga are visualised.hcv antibodies igg, igm, iga are visualizedonly igg is visualizedantibodies have to react with colloidal gold and protein a and protein gantibodies ..... opinion on the aspects of novelty, industrial applicability and non obviousness. article 35(2) of the pct states that the international preliminary report would not contain any statement on the patentability or unpatentability of the claimed invention according to any national law. the international search report (7th nov. 2002) is again with regard to the 'diagnostic kit for invitro ..... and section 151 of the civil procedure code (hereinafter referred to as the 'said code') is for the issuance of a temporary injunction restraining the defendants from infringing the plaintiff's patent no. 194638 dated 22nd september, 2006 in a suit for permanent injunction, rendition of accounts and damages.3. the plaintiff further claims to be a pioneer company enjoying a .....Tag this Judgment!
Court : Delhi
Reported in : 94(2001)DLT865
..... counsel for the appellant, has drawn our attention to a chart filed along with note of arguments by the appellant and contended that there are inconsistent claims regarding ownership of patents made by the respondent before different forums. the purport of this is to show that the respondent has not come to the court with clean hands. it was thus contended ..... proceedings. b) the design registrations relied upon in the plaint have lapsed. c) functional shapes or mechanical devices cannot be the subject matter of design registration. d) the patents are invalid as the patented features are in the nature of obvious improvements. e) the plaintiff's case is hit by acquiescence, estoppel, delay and laches. f) the defendant has spent rs. four ..... respondent for which respondent has registered patents and design, in india or any where in the world for the product range of electric contractors and accessories known as the d2 range. the present appeal arises from the ..... kaul, j. 1. the souring of relationship between joint venture partner's has given rise to the present dispute where the respondent is aggrieved by the alleged infringement of its patents by the appellant. a suit was thus filed by the respondent herein against the appellant for mandatory injunction from manufacturing and advertising as its own and selling the products of .....Tag this Judgment!