Court : Karnataka
Reported in : AIR1960Kant173; AIR1960Mys173
..... , however, admitted that, on 4-3-46, defendants 1 and 2 alone applied for registering their names as inventors and for the grant of a patent in their favour. this application was finally sealed on 6-2-47, the day next after the release deed was passed. in this connection, the plaintiff ..... bring any suit for infringement of patent rights regarding the patent to question.'under these circumstance we have to hold that the plaintiff could not institute this suit under the provisions of section 29 of the ..... although the petitioner had assigned his rights to that plaintiff, the latter had not registered the assignment under the provisions of section 63 of the indian patents and designs act. therefore he was not the patentee within the meaning of the act (section 2, sub-section 12) and had no right to ..... by reason of the joint acquisition, the plaintiff has derived a beneficial interest in the plaintiff has derived a beneficial interest in the right of a patent. whether there is evidence to show that he has acquired this right or not, is a question of fact which will be discussed later.assuming ..... 1 to 3 from manufacturing or marketing flower design chair seats. these reliefs are apparently claimed on the ground that the plaintiff has the patent rights under the patents and designs act. but it is a curious suit in that the registered patentees are admittedly defendants 1 and 2 and, on their assignment .....Tag this Judgment!
Court : Delhi
Reported in : AIR1974Delhi105; 10(1974)DLT158; ILR1973Delhi452
..... provides that if there is no opposition, or, in a case of opposition, if the determination is in favor of the grant of a patent, a patent shall, on payment of the prescribed fee, be granted subject to such conditions, if any, as the central government thinks expedient, to the ..... that act for the purpose of determining when the court is to exercise that jurisdiction. one cannot turn to the provisions of the letters patent or the civil procedure code for the purpose of determining when that jurisdiction has to be exercised. if the legislature intended to circumscribe the ambit of ..... the legislature did not intend to confine the jurisdiction of the high court under section 26 in respect of an application for revocation of a patent, to cases where the subject-matter had arisen within its jurisdiction and to cases where the respondent resides or carried on business within its ..... petitioner-company is the manufacturer and seller of ceramic wares and sanitary wares. on january 13, 1966, the respondent to the petition obtained a patent under no. 103411, which related to the alleged improvements in or relating to sanitary wares. according to the respondent-appellants and their statements of ..... and refractories ltd. arises out of a petition filed by hindustan sanitaryware and industries limited (hereinafter called the 'petitioner-company') for the revocation of patent no. 103411 granted in favor of the respondent to the petition on january 13, 1966.2. the controversy in appeal is with regard to .....Tag this Judgment!
Court : Delhi
Reported in : AIR1981Delhi95; 19(1981)DLT323; 1981RLR373
..... simmons v. mathieson & cold (1911) 28 r.p.c. 486 in these words : 'inorder to render valid the registration of a design under the patents and designs act, 1907, there must be novelty and originality, it must be a new or original design. to my mind, that means that there must ..... single and most familiar article of dress like this, which constitutes novelty of design. , hold that would be no paralyse industry 'and to make the patents, designs and trade marks act a trap to catch honest traders. there must be, nor a mere novelty of outline, but a substantial novelty in the ..... following grounds, namely............ (iii) that the design is not a new or original design.'(6) it may also be mentioned that rule 36 of the indian patents & designs rules, 1933, provides that the applicant may, and shall, if required by the controller in any case so to do endorse on the application ..... that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of patents & designs to obtain the impugned registration. the grievance is that they were hindered in their trade by the registration. (3) the appellants controverter these ..... the design of m/s. b. chawla & sons, hereinafter referred to as the appellants in respect of mirror registered at no. 139585 in class i under the indian patents & design act, 1911 (the act), on february 28, 1972, is a 'new or original' design. (2) m/s. bright auto industries, hereinafter referred to .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
..... in cs (os) no. 593/2007, is clarificatory in nature and does not alter the scope of invention. claim nos. 9 and 10 of the same patent specifically mention about sensitization of the mirror by tin chloride. this fact was taken note of by the single judge while allowing the amendment. clerical correction of ..... later stage. the amendment is thus allowed as being a clarificatory one and the same does not attract the proviso of sections 58 and 59 of the patent act, 1970."7. it is this order which is not only sought to be placed on record in this case but amended claim no. 1 ..... permitted. amendment in claim no. 1 as allowed in cs (os) no. 593/2007 has yet not been recorded by the patent office in its record. certified copy of patent, issued by the patent office after more than 6 months of the order dated 10th september, 2009, contains unamended claim no.1. it is this ..... read as amended claim no.1 in this case. as regards permission to the plaintiff for placing on record certified copy of amended patent no. 190380 as and when received from the patent office, the same also cannot be granted at this stage. however, plaintiff is at liberty to file appropriate application as and when ..... the claim so amended as claim in the present suit;(iii) plaintiff be permitted to place on record the certified copy of amended patent no. 190380 as and when received from the patent office."2. briefly stated facts of the case, relevant for the purpose of disposal of the present application, are that the plaintiff .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86
..... material facts/mis-representation inasmuch as in the first instance an attempt was made to show that the defendant has applied for the registration of patent which clearly mean that he is the manufacturer of the product and when he was cornered, he came out with the plea that he is ..... by the authors/employees in the course of their employment with the plaintiff and, thereforee, the plaintiff is the first owner of the copyright. the patents in respect of the drawings and products registered under the copyright law of united states are also in the name of the plaintiff. thereforee, i see ..... of the plaintiff. such details/description only denote the name of the disease, i.e. `asd' stands for `atrial septal defects', `pda' stands for `patent ductus arteriosus' and `cat no. ' denotes various sizes of the devices. there can be no artistic work or copyright in the name and size of a ..... may say so a somewhat complex question about the interpretation and applicability of the provisions of the copyright act, 1957, the designs act and the patents act. as noticed in the earlier part of this order, the plaintiff's case is that it has the subsisting copyright not only in the ..... under the trade name ' amplatzer'. some of these devices as - precutaneous catheter directed intravasculr occlusion devices and precutaneous catheter directed occlusion devices are patented in us vide patent nos.5,725,552 and 5,846,261 respectively. it is stated that the plaintiff is also the owner of the drawings of the product .....Tag this Judgment!
Court : Delhi
Reported in : ILR1981Delhi257
..... embodied in the patented apparatus. in other words wet laminating apparatus being already known and used in india previous to priority date there was no inventive step and there was no novelty ..... apparatus/device when he applied for registration of the patent. according to them the complete specification furnished by the plaintiff is vogue, unintelligible and jugglery of words. thus the specification does not state what is the modified construction ..... laminating system from morane maxibond machine and specification and has falsely claimed to be an inventor of the said appalatus. further the plaintiff has not disclosed in the patent specification as to what was the laminating apparatus already available and what was the modification and distinct improvement made and utility imparted by the plaintiff to the existing ..... interim injunction concisely are that the plaintiff has instituted a suit for permanent injunction restraining the defendants and their ser- vants, or agents etc. from infringing in any manner, patent no. 143964 dated 21st july, 1976 entitled 'laminating apparatus' of which he claims to be proprietor and patentee, by manufacture, sale or offering for sale or using .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(3)27; 2007(35)PTC415(Del)
..... house of the plaintiff company.8. this court has no hesitation in saying that the time has come when the courts dealing actions for infringement of trade marks, copy rights, patents etc. should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violations with impunity out of lust ..... damages have to be assessed.19. in nottinghamshire healthcare (supra), while discussing the issue of award of damages, the court referred to sections 96 and 97 of copyright, designs and patents act, 1988 (for short, 'cdpa'). as per section 96 of the said act, an infringement of copyright is actionable by the copyright owner, which is the position in indian law ..... them, or getting permission to do them rightly.thus, almost 100 years ago, in the aforesaid judgment fletcher moulton l.j., in a case which related to infringement of a patent, laid down the yardstick for measuring the damages thus:(no. of infringing articles) x (the sum that would have had to be paidin order to make the manufacture of thatarticle .....Tag this Judgment!
Court : Delhi
1. this intra court appeal under chapter x of the letter patents act has been filed by the institute of chartered accountants of india, the council and the disciplinary committee of the said institute, ms. vandana d. nagpal, director (discipline). the main .....Tag this Judgment!