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Judgment Search Results Home > Cases Phrase: patents Court: mumbai Page 1 of about 5,026 results (0.011 seconds)

Feb 12 2007 (HC)

Speaking Roses International Inc. Vs. Controller-general of Patents an ...

Court : Mumbai

Reported in : (2007)109BOMLR630; LC2007(2)75

..... material of the organic product and causes quick deterioration. the petitioners' method of pad printing does not alter the material on which the message is printed. 11. the petitioners' patent is more temparory, less permanent, lighter and does not involve either writing with a pen, applying thermal pressure, or cutting the organic product resulting in a more temporary and less ..... any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. accordingly under this section no patent can be granted inter alia for plants or for any biological processes for production or propagation of plants. 7. it has to be seen whether the petitioners claim is ..... the petitioners which includes their product claim as well as method claim (systems claim) and the consideration of their submissions. the order necessarily rejects the petitioners' application for patent on 5 main grounds; the other ancillary and wholly technical grounds which need not be considered in detail. 6. the rejection of the claim is essentially based on the fact ..... the second examination report (ser) which also the petitioners replied to and complied with. by virtue of said procedure the petitioners have applied for amendment to their application for their patent, but which need not be considered for the reasons set out hereinafter. 5. the impugned order dated 19 th april, 2006 shows the details of the claims filed by .....

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Dec 18 2008 (HC)

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

Court : Mumbai

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

..... 23. for the above reasons,, therefore, if any other interpretation is put as contended by advocate shri manohar, the net result would be that a patentee inventing a patent by utilization of huge money and manpower involving scientists, technocrats and technicians would be left high and dry and this would definitely be detrimental to the encouragement of scientific ..... use of inventions stands extended even to the central government, state government or a government undertaking. according to me, these provisions have been made in order that the patents can be utilized by central government, state government for the purposes other than purely departmental in the discharge of duties or the sovereign functions but in accordance with the terms ..... .he cited the following decisions:(1) : [1979]2scr757 (bishwanath prasad radhey shyam v. hindustan metal industries).(2) : [1986]1scr177 (ram chand bhatia v. hardyal).discussion:7. the patents act, 1970 was passed after consideration of shri justice n. rajagopala ayyangar's recommendations and the act as well as rules came into force on 21.4.1972. some remaining ..... commercial benefit, steel wire rope net system and steel spiring lock system which are identical to and/or substantially similar to and as all essential features of plaintiffs patented gswr system and patented spiral lock system resulting into infringement thereof. the appellant came to know that respondent no. 1, in fact, supplied those systems to various railway authorities in response .....

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Jul 11 1968 (HC)

Farbewerke Hoechst Aktiengesellschaft Vormals Meister Lucius and Bruni ...

Court : Mumbai

Reported in : AIR1969Bom255; (1974)76BOMLR130

..... sold the said tablets under the name uni-tolbid or tolbutamide but claim that the said tablets had been manufactured by the application of the processes mentioned in another patent, being patent no. 64323 held by the haffkine institute of bombay which is owned by the present second defendant state, under a licence granted to them by the second defendants ..... statement itself shows that, in point of fact, it is the same; (2) that the defendants have been synthesising their drug by the process mentioned in the second defendants' patent no. 64323, which consists of the preparation of substituted benzensulphonyl ureas from the corresponding substituted benzenesulphonyl-thioureas by desulphurisation with hydrogen peroxide; (3) that the drug which is the ..... technical literature on the subject for the purpose of carrying them into effect. 'an embodiment' of the invention is, therefore, in my opinion, sufficiently described in the plaintiffs patent and that description is not unnecessarily difficult to follow, it being sufficient to enable the invention to be carried into effect 'without making further inventions'. as far as claim no ..... than brilliancy and the new discovery produced illuminating appliances which had other qualities, viz. rigidity, flexibility or durability. judged by these tests, the position is that the plaintiffs' patent in the present case cannot be attacked on the ground of want of utility, since it certainly gives a 'useful choice' in the matter of compounds with a blood .....

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Apr 16 1982 (HC)

Press Metal Corporation Limited Vs. Noshir Sorabji Pochkhanawalla and ...

Court : Mumbai

Reported in : AIR1983Bom144; ILR1983Bom805

..... step and that the complete specification suffer from insufficiency are ground which must necessarily be sustained. the controller was, therefore, in error in overruled the objections and granting the patent with modification i, therefore, pass the following order:--appeal allowed,. the order of the controller is set aside and all the ground of opposition are sustained. in the circumstance ..... anticipated unless the applicant amends his complete specification to the satisfaction of the controller. so also section 19(1) empowers the controller to direct the insertion of the other patent which is likely to be infringed,. unless the complete specification is amended to the satisfaction of the controller. so also section 57(1) empowers the specification of an ..... or by machine. if the words 'new and useful manner of manufacture' were limited to the production of new article without reference to the process of the manufacture involving patent and improved method, the inducement which law intended to given to the inventor would be encompasses within very narrow rules. the word 'manufacture' would, in my opinion, include ..... complete specification to be amended as indicated in the said order.2. on 28-3-1971 one noshir edulji pochkhanawalla made an application numbered 130620 for registration of a patent for an invention relating to 'improvement in or relating to mufflers or exhaust silencers for internal combustion engines' along with provisional specifications. on 14-6-71 the applicant .....

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Nov 06 2009 (HC)

Glochem Industries Ltd. Represented by Its Power of Attorney Holder Vs ...

Court : Mumbai

Reported in : 2010(112)BomLR269; LC2010(1)13

..... reported in : (2008) 10 scc 368. in that case, however, the problem considered was about the confusion arising on account of the postponement of in-part commencement of the patents (amendment) act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. indeed, the court considered the legislative change brought about ..... on record on the basis of which respondent no. 4 could have answered the controversy on hand. it is submitted that section 77 of the act postulates that the patent controller is conferred with certain powers of civil court, in respect of summoning and enforcing attendance of witnesses, discovery of documents, receiving evidence of affidavits, issuing commissions for ..... which can be utilized on an industrial scale (pages 2, 3 & 5 of complete specification). to support this and also to meet the requirements of section 3(d) of patents act, 1970 the applicants with their reply statement, have submitted the stability study data sheet of bisulphate (enclosure 5 & 9) and besylate (enclosure 6); along with stability and ..... corresponding international application of the respondent no. 1 was issued. it is stated that the petitioners through its agents, obtained a copy of the complete specification accompanying the said patent application which pertain to clopidogrel besylate, a known salt of a previously known compound clopidogrel. according to the petitioners, as on the date of the alleged invention, the therapeutic .....

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Dec 23 2004 (HC)

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

..... was needle shaped. beta was found to be thermodynamically stable and was prepared for use in pharmaceutical preparations. perusal of the application submitted by the plaintiffs in 1993 for patent in canada shows that the plaintiffs have disclosed the compound as well as its salt. beta crystals are clearly disclosed in the application. therefore, in my opinion, apart from ..... and in negation of any public health or public interest considerations. it is material to note that an emr grantee enjoys such an unfettered monopoly, even though its product patent application is pending and may be rejected after 1st january 2005 whenever examined. even distribution through channels of charity is hit by the anti-competitive and monopolistic effects of ..... of patients worldwide in case their right is not enforced.12. the plaintiffs submit that in matters of intellectual property, particularly infringement of statutory rights like trade mark, copyrights, patents and designs, the court is, prima facie, required to see where there is an infringement or not. if there is an infringement, then an order of injunction must follow ..... until the plaintiffs launched the commercial embodiment of the substance under the brand name glivec before they could make their impugned drugs.(h) any further examination of the underlying patent examination will result in examining a black-box/mail-box application, which exercise is prohibited by the legislature in terms of section 24-a7. nevertheless, the plaintiffs further .....

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Sep 11 2009 (HC)

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

..... the expression `licences') belong to the class of intellectual properties. as the expression `licences' in section 32(1)(ii) of the act is preceded by the expressions know-how, patents, copyrights, trade marks and succeeded by the expression `franchises' which are all relatable to intellectual property rights, the question to be considered is, whether the expression `licences' in ..... there is any specific legislation in india relating to franchises. as per black's law dictionary, 8th edition, the expression franchise denotes:1. ...when referring to government grants (other than patents, trademarks, and copyrights), the term 'franchise' is often used to connote more substantial rights, whereas the term 'license' connotes lesser rights. thus, the rights necessary for public ..... similar nature' in section 32(1)(ii) of the act is referable to the business or commercial rights relating to intellectual property rights such as know-how, patents, copy rights, trade marks and franchises and licences in respect thereof. accordingly, it is contended that the expression 'licences' as well as the expression 'business or commercial ..... clear that the expression 'business or commercial rights of similar nature' in section 32(1)(ii) of the act would take colour from the preceding words, namely knowhow, patents, copyrights, trade marks and franchises which belong to a class of intellectual property rights. in other words, it is contended that the expression 'business or commercial rights of .....

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Dec 19 2007 (HC)

Garware-wall Ropes Ltd. Vs. A.i. Chopra and anr.

Court : Mumbai

Reported in : LC2009(1)197; (2008)3MLJ599

..... royalty, license and consequent indemnity.9. sum effect of these stipulations, which are important covenants in the contract, is that if the defendant no. 1 is using the patented system or selling the patented product of the manufacturer named in the tender or otherwise, the liability in relation to all statutory obligations would be that of the defendant no. 1, and defendant ..... way of damages being available and availed.16. limited questions, that arise for consideration, are:(a) whether the plaintiff has made out a prima facie strong case of existence of patented product in its favour, and can file a suit for injunction to prevent infringement and recurring breach?(b) has plaintiff prima facie demonstrated that there is infringement by defendant no ..... the defendant no. 1 demonstrated that the plaintiff has alternate remedy of damages under sub-section (3) of section 100?16. plaintiffs reliance is on the fact of registration of patents, which entitles the plaintiff to absolute right by virtue of section 48, subject to exceptions. according to the plaintiff, the exceptions are not absolute and they do create an embargo ..... by the very fact that the defendant had participated in the tender, has got two tenders allotted and has promised to supply to the railways the product which imitates the patented product, and in the result, has infringed rights of the plaintiff under section 48. according to plaintiff, once the right is so established, prevention of breach can be conveniently done .....

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Feb 26 2010 (HC)

Universidad Politechnica De Valencia Centro De Transferencia De Techno ...

Court : Mumbai

Reported in : LC2010(1)356

..... known. the second, if it is the contention of the petitioner that he has complied with the objections, can the controller hold that the patent is deemed to have been abandoned without giving a hearing to such applicant. section 21 in our opinion, would require exercise of discretion on the ..... discretionary power by the controller.-- before exercising any discretionary power under the act or these rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the controller shall give such applicant or party, a hearing, after giving him or them, ten days ..... for grant and an objection under clause (b) of sub-section (1) of section 13 is outstanding, the controller may postpone the grant of patent and allow a period of two months for removing the objection.30. amendment of the complete specification in case of anticipation.-- (1) if the applicant ..... to the proceedings there under or to give any such party an opportunity to be heard, the controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to ..... inventive features of the invention are not brought out clearly especially when there are corresponding grants in other jurisdictions which follow the same canons of patent ability. according to the petitioners they were entitled to receive clear objections so as to respond in an appropriate manner. the submission is that .....

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Nov 26 2010 (HC)

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

..... cannot be established against the present patent application."47 the controller does not observe in the order that the petitioners' objections to the amended specifications raise nothing new and are a repetition of the ..... as cyclodextrins, etc.. thus in no way the citations quoted by the opponent destroy the novelty or the inventive step of the invention disclosed in the present patent application.after going through the written statement of theopponent, reply statement of applicant and amendments carried out by the applicant i find that the ground of opposition ..... salts (7.5% to 10%) that is capable of being administered by intradeltoid route, over and above the intragluteal and slow intravenous route. the present patent application contemplates injectable preparation incorporating 75100 mg of watersoluble salts of diclofenac with the solvent system of at least two or more co solvents/solubilisers selected from differing ..... under:given the importance of the issues, the government undertook broadbased and extensive consultations involving different interest groups on aspects critical to the changes which were necessary in the patents act, 1970. these included countrywide interactive sessions with various interest groups, including scientists, academicians, economists, representatives of various industry sectors (such as pharmaceutical, biotech, and .....

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