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Judgment Search Results Home > Cases Phrase: patents Year: 1934 Page 1 of about 180 results (0.009 seconds)

Feb 07 1934 (PC)

Mohammad Abdul Karim Vs. Mohammad YasIn and anr.

Court : Allahabad

Decided on : Feb-07-1934

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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Feb 07 1934 (PC)

Mohammad Abdul Karim Vs. Mahammad Yasin

Court : Allahabad

Decided on : Feb-07-1934

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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Mar 20 1934 (PC)

Lallubhai Chakubhai Jarivala Vs. Shamaldas Sankalchand Shah

Court : Mumbai

Decided on : Mar-20-1934

Reported in : (1934)36BOMLR881

..... sale an article made in accordance with his invention before the date of his patent, even though no sale actually take place, he will thereby, if the nature of the invention can be understood from an inspection of the article, ..... appear hereafter, that such a user would not prevent the manufacturer, though it might prevent another person who should discover the secret, from obtaining a patent for the invention valid on the ground of novelty.48. the same learned author further observes ( p. 127):if an inventor manufacture and offer for ..... february, 1931, there was no public user by the plaintiff. but he holds that between march and july, 1931, when the plaintiff applied for a patent he used his invention in public and produced almonds which harakchand shivji & co. sold to the merchants and thereby made a profit. therefore, the simple ..... the process could have been learned by going to harakchand's factory. i think, therefore, the evidence does not establish that, before the letters patent were applied for, the plaintiff had been using his process in public. there is no evidence that any almonds were treated on information supplied by ..... , in my opinion, in their evidence to suggest that the process they used was the subject of the subsequent application by the plaintiff for letters patent. therefore, i think, the only question which arises on the third issue is, whether the plaintiff himself used his process in such a way .....

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Dec 19 1934 (PC)

Dorman Long and Co. Ltd. Vs. Jagadish Chandra Mahindra and anr.

Court : Kolkata

Decided on : Dec-19-1934

Reported in : 163Ind.Cas.997

..... it is to be observed that the position in england is different to that in this country. there it is specifically provided in section 77 of the patents and designs act, 1907, that subject to rules under this act, in any proceedings under this act before the controller, the evidence shall be given ..... the applicant and the opponent, if desirous of being heard, decide on the case. rule 20 provides that notice of opposition to the grant of a patent should be given in duplicate, and one should be sent by the controller to the applicant. rule 21 provides that within furteen days of giving such ..... whether the controller has any discretion to grant or refuse the issue of these subpoenas. mr. barwell has suggested that there is no provision in the patent act which makes it obligatory upon the controller to hear the evidence of any witness. at first sight i was impressed with that argument in view ..... mr. davar was duly appointed by the opposer to act for him as agent in the proceedings before the controller under the patents and designs act.4. the learned judge then proceeded to consider whether the court had jurisdiction to issue a writ of certiorari or prohibition or a mandatory ..... between the parties, but apparently there was no such agreement. the reason given for the refusal of the second subpoena was that mr. davar was the patent agent for the opposer, and was in the position of a pleader under section 126 of the evidence act and, therefore, privileged. the facts show that .....

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Aug 23 1934 (PC)

The Indian Casablancas High Draft Company Vs. the Millowners' Associat ...

Court : Mumbai

Decided on : Aug-23-1934

Reported in : AIR1935Bom195; (1935)37BOMLR187; 157Ind.Cas.385

..... the same as the procedure of the court in its ordinary jurisdiction. under the indian law it appears that a part of the work in connection with the extension of patents is delegated to the controller and the ultimate decision rests with the governor-general in council or, in the event of a reference to the high court, with the high ..... , and addressed to the governor-general in council. under the rules framed by the governor-general in council, in pursuance of the powers given under section 77 of the indian patents and designs act (ii of 1911), the petition was lodged with the controller and was duly notified. the objectors now appearing filed their objections before the controller as provided in ..... to inquire what materials the court is entitled to consider for its decision. the decisions in in re bower-barf patent [1895] a. c. 675 and in re adair's patent (1881) 6 app. cas. 176 suggest that when an extension of a patent is asked for, it would be legitimate for the court to inquire what profits the inventor had made since .....

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May 21 1934 (FN)

Radio Corporation Vs. Radio Laboratories

Court : US Supreme Court

Decided on : May-21-1934

..... the verbal variances, however, there runs this common core of thought and truth -- that one otherwise an infringer who assails the validity of a patent fair upon its face bears a heavy burden of persuasion, and fails unless his evidence has more than a dubious preponderance. cf. philippine sugar e ..... ., marshaling the evidence and weighing the competing arguments. as the upshot, the court held that the presumption of validity which protected the de forest patents had not been overthrown, and that, apart from any presumption, de forest had made out his title as the original inventor. 21 f.2d ..... armstrong's, the only one of his then pending. while these interferences were still undecided, armstrong and his assignee brought suit for the infringement of patent no. 1,113,149, which had been issued to him in october, 1914, the defendant in that suit being the de forest radio telephone ..... 1912, the earliest date of all, which would make him the first inventor if the claim could be made good. interferences were declared by the patent office as the result of these conflicting applications. one involved the applications of de forest and langmuir; another the applications of de forest, langmuir, ..... themselves the legal battle now renewed. the outcome of their contest was a decree whereby priority of invention was found in accordance with the patents now assailed by the respondent, a decree binding on the claimants and their several assignees. for the purpose of any controversy between armstrong and .....

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Jan 23 1934 (PC)

In Re.:national Carbon Co. Incorporated.

Court : Kolkata

Decided on : Jan-23-1934

Reported in : AIR1934Cal725,152Ind.Cas.914

..... the circumstances, there was no action for infringement pending. i appreciate the fact that the provisions of the english statute differ from those of the patents and designs act, 1911. in particular, under the english statute, thare was no power given to the court similar to that conferred by section ..... in cropper v. smith, (1884) 28 chd 148. there the controller-general refused to proceed with an application to amend, presented to him under the patents, designs, and trade marks act, 1883, section 18, considering that the leave of the court under section 19 of that act, was necessary, because ..... and an order under section 45, specific relief act. with regard to the latter order the patentees rely on section 17, sub-section (6), patents and designs act, which provides for an appeal to the governor-general in council against the decision of the controller. it is argued that this ..... bright star company presented a petition to this court, setting out the facts and contending, first, that, inasmuch as a suit for infringement of the patent was pending, the controller had no jurisdiction to entertain the patentees' application; secondly, that to entertain the application would be 'a violation of the ..... carry on business in new york, where they manufacture and export dry cell batteries for flashlights and electric torches. they are the grantees of indian patent no. 17148 of 1930. in the specification, which was accepted on 8th december 1930, the invention is described as relating 'to dry cells and .....

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Dec 03 1934 (FN)

Farmer's Guide Co. Vs. Prairie Co.

Court : US Supreme Court

Decided on : Dec-03-1934

..... features of the case is sufficient to distinguish it from the one now before us. three producers, owning patents for cracking by which the yield of gasoline is greatly increased, joined with the owner of similar patents in agreements for the exchange of patent rights and division of royalties which were challenged by the government as a violation of the act, chiefly upon .....

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Sep 14 1934 (PC)

Thomas Bear and Sons (India) Vs. Prayag Narain

Court : Allahabad

Decided on : Sep-14-1934

Reported in : AIR1935All7

..... dismissing the suit. accordingly i would affirm the decision of the court below and dismiss this appeal with costs.niamatullah, j.64. this is a reference under clause 27, letters patent, of this high court in an appeal arising from a suit brought by the plaintiff company, thomas bear & sons, ltd., the appellants for an injunction restraining the defendant-respondent from ..... chewing tobacco and smoking tobacco.55. the decision in in re the australian wine importers ltd. (1889) 4 ch. d. 278, turned on the provisions of particular sections of the patents, designs and trade marks act, 1883. in that case one mason successfully opposed the application of the australian wine importers company for the registration of a trade-mark consisting of ..... of lords that:upon the evidence the proposed words were a& a matter of fact calculated to deceive the public, that the case therefore fell within section 73, of the patents, designs, trade-marks act 1883, and that the trade-mark ought not to be registered.45. the decision turned on the determination of the question whether the use of the .....

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Nov 05 1934 (PC)

King-emperor Vs. Ramanuja Aiyangar

Court : Chennai

Decided on : Nov-05-1934

Reported in : (1935)68MLJ1

..... of their admissibility. the matter is brought to my attention by a certificate granted by the learned advocate-general under clause 26 of the letters patent of this high court on being moved by the prisoner raising the question of the admissibility in evidence of these answers stating that in his ..... may straightaway be dismissed without any further consideration of the merits of the case. having regard to the terms of clause 26 of the letters patent, no other conclusion is possible. if this conclusion is sound in law, the question whether the advocate-general's certificate is competent should be ..... on which alone they could be considered by us. our powers are circumscribed, for we can only act in conformity with clause 26 of the letters patent. if there was no misdirection or other error as certified, the certificate was misconceived, and we have no power to interfere'. in the same case ..... law which require further consideration in the judgment of the advocate-general.35. it will be observed that under clause 26 of the letters patent a certificate to review a decision by the high court exercising original criminal jurisdiction can be granted by the advocate-general if in his judgment ..... a full bench of seven judges was formed to consider this preliminary objection of the learned crown prosecutor.5. the relevant clauses of the amended letters patent are clauses 25, 26 and 41. the marginal note of clause 25 reads 'no appeal from high court exercising original jurisdiction - court may reserve .....

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