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Judgment Search Results Home > Cases Phrase: patents Year: 1966 Page 1 of about 342 results (0.015 seconds)

Mar 21 1966 (HC)

The Pilot Pen Co. (India) Private Ltd., Madras Vs. the Gujarat Industr ...

Court : Chennai

Decided on : Mar-21-1966

Reported in : AIR1967Mad215

..... i have stated has filed a petition for cancellation of the registration of the defendant's design and for a direction to the controller general of patents and designs to remove the entry of the registration from the register. there is, however, no evidence as to whether any such application has ..... improvement or the invention does not involve any inventive step etc. in such circumstances, where a patentee institutes a suit during the continuance of a patent acquired by him in respect of an invention against a person making, selling to using the invention without his licence, it is open to such ..... a new and original design in respect of fountain pen clips, having registered their design under no. 101410 dated 28-9-1959 under the indian patents and designs act 1911. it is the plaintiff's allegation that the several defendants have been manufacturing and marketing fountain pens in the name and ..... the original petitions by the defendants in each of these suits is for the cancellation of the registration by a direction to the controlled general of patents, designs and trade marks, calcutta to remove the entry of the said registration from the register.(2) the suits and petitions were tried together and ..... defendants for a permanent injunction restraining them from using the type of clip of fountain pens imitating the plaintiff's design registered under the indian patents and designs act on 28-9-1959 and for accounts of the profits they have made by the sale of their pens with infringing type of .....

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Apr 13 1966 (HC)

A.P.K. Narayanaswami Chettiar Firm, Palipalalam Salem Dt. Vs. V.K. Per ...

Court : Chennai

Decided on : Apr-13-1966

Reported in : AIR1967Mad243

..... the dispute related to a design and not to a patent was lost sight of. the suit relating to a design, the order of transfer cannot be sustained. it is represented at the bar for the defendant that the ..... of course. i am not now called upon to discuss the matter.(4) it is not contended before me that the present case has anything to do with patents. on a perusal of the affidavit and counter in the matter and the order made it is obvious that somehow when the application was made, the fact that ..... the proviso to section 29(1) in respect of designs. nor by any provision under the act are the provision relating to transfer of suits on infringement of patent made applicable to legal proceedings in respect of designs. s. 54 of the act is of limited application as it only provides that the provisions of the act ..... to a design and covered by part ii of the act, is completely overlooked and the averments proceed as if the suit relates to an infringement of a patent. it is then stated that the defendant was entitled to take grounds by way of defence under s. 26 of the act and the suit must be transferred ..... the transfer of a suit on his file to this court, to be tried on the original side, purporting to act under sections 26 and 29 of the indian patents and designs act, 1911. the suit was instituted by the plaintiff under section 53 of the act for piracy of a design. the cause of action for the .....

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Apr 13 1966 (HC)

A.P.K. Narayanaswami Chettiar Firm Vs. V.K. Perumal Chettiar and Sons

Court : Chennai

Decided on : Apr-13-1966

Reported in : (1966)2MLJ318

..... the dispute related to a design and not to a patent was lost sight of. the suit relating to a design, the order of transfer cannot be sustained. it is represented at the bar for the defendant that ..... of course. i am not now called upon to discuss the matter.4. it is not contended before me that the present case has anything to do with patents. on a perusal of the affidavit and counter in the matter and the order made it is obvious that somehow when the application was made, the fact that ..... the proviso to section 29(1) in respect of designs. nor by any provision under the act are the provisions relating to transfer of suits on infringement of patent made applicable to legal proceedings in respect of designs. section 54 of the act is of limited application as it only provides that the provisions of the act ..... to a design and covered by part ii of the act, is completely overlooked and the averments proceed as if the suit relates to an infringement of a patent. it is then stated that the defendant was entitled to take grounds by way of defence under section 26 of the act and the suit must be transferred ..... transfer of a suit on his file to this court, to be tried on the original side, purporting to act under sections 26 and 29 of the indian patents and designs act, 1911. the suit was instituted by the plaintiff under section 53 of the act for piracy of a design. the cause of action for the .....

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Feb 21 1966 (FN)

Graham Vs. John Deere Co.

Court : US Supreme Court

Decided on : Feb-21-1966

..... safe and lawful." letter to mcpherson, supra, at 181, 182. apparently congress agreed with jefferson and the board that the courts should develop additional conditions for patentability. although the patent act was amended, revised or codified some 50 times between 1790 and 1950, congress steered clear of a statutory set of requirements other than the bare novelty and ..... [ footnote 2 ] he rejected a natural rights theory in page 383 u. s. 9 intellectual property rights and clearly recognized the social and economic rationale of the patent system. the patent monopoly was not designed to secure to the inventor his natural right in his discoveries. rather, it was a reward, an inducement, to bring forth new knowledge. the ..... believe that this legislative history, as well as other sources, [ footnote 9 ] show that the revision was not intended by congress to change the general level of patentable invention. we conclude that the section was intended merely as a codification of judicial precedents embracing the hotchkiss condition, with congressional directions that inquiries into the obviousness of the ..... "invention" language of hotchkiss that congress thought had led to "a large variety" of expressions in decisions and writings. in the title itself, the congress used the phrase "conditions for patentability; non-obvious subject matter " (italics added), thus focusing upon "nonobviousness," rather than "invention." [ footnote 6 ] the senate and house reports, s.rep. no. 1979, 82d cong., 2d .....

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Mar 21 1966 (FN)

Brenner Vs. Manson

Court : US Supreme Court

Decided on : Mar-21-1966

..... regards specific embodiment and use of invention, 41 j.pat.off.soc. (1959). the government's brief in this case is in accord: "[i]t was apparently assumed by the patent office [prior to 1950] . . . that chemical compounds were necessarily useful . . . , and that specific inquiry beyond the success of the process was therefore unnecessary. . . ." brief for the commissioner, p. ..... whole areas of scientific development, [ footnote 22 ] without compensating benefit to the public. the basic quid pro quo contemplated by the constitution and the congress for granting a patent monopoly is the benefit derived by the public from an invention with substantial utility. unless and until a process is refined and developed to this point -- where specific benefit page ..... law's provision that "whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. [ footnote 14 ]" as is so often the case, however, a simple, everyday word can be pregnant with ambiguity ..... its 1948 codification of statutes pertaining to the judiciary, enacted 1256, blandly providing in unqualified language for review on certiorari of "[c]ases in the court of customs and patent appeals." nothing in the legislative materials relating to the statute, except its language, is of assistance to us in the resolution of the present problem: did the statutory changes .....

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Oct 05 1966 (HC)

Mysore Kirloskar Ltd. Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Oct-05-1966

Reported in : [1968]67ITR23(KAR); [1968]67ITR23(Karn)

..... agreement was to last only for a period of five years. the benefit received by the assesses company was the use of the rights under the patents of ciba basle and the 'know-how' supplied to it in the matter of improving its production by utilising the practical experience gathered and the ..... pay to the swiss company 8 per cent. of its net sales by way of consideration : (1) for the use of the rights under the patents of ciba basle, (2) for acquiring the extensive knowledge and practical experience in the pharmaceutical field that ciba basle commands by reason of its long and ..... must use the phrase, sui generis. it is not easily compared with factory or office buildings, warehouses, plant and machinery or such independent legal rights as patents, copyright or trade marks, or even with goodwill. `know-how' is an ambience that pervades a highly specialised production organisation and, although i think ..... : but then so is goodwill. it would be difficult to identify with any precision the sources of the expenditure which has gradually created it and, patents apart, i would not have thought of it as a natural balance sheet item. but it is a really when associated with production and development such ..... have now been obtained, there is capital expenditure. when there is manufacture and sale, the running royalty becomes payable and that will be the consideration for patents, etc., being put to use. but this is for a different object. some stress was laid about the payment being small. the size or .....

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Dec 07 1966 (SC)

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Decided on : Dec-07-1966

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

..... in the town of calcutta which has for nearly 250 years been governed by the english common law as adopted by the various acts, regulations and finally by the letters patents. it may also be necessary to observe that we are not called upon to decide whether all the prerogatives of the british crown have been incorporated in our system of ..... apply law or equity and the rule of good conscience which the court in which the proceeding was originally instituted would have applied. similar provisions were made in the letters patents of the allahabad, patna, lahore and nagpur high courts by cls. 13 & 14 and in respect of jammu & kashmir high court by cls. 14 & 15, and in respect of rajasthan ..... ) (1864) 9 m. 1. a. 387. (2) (1887) 14 1. a. 89. was such law or equity which would have been applied if the letters patents had not been issued. by cl. 20 in respect of suits tried in exercise of the extraordinary original jurisdiction, and by cl. 21 in respect of the appellate jurisdiction, the ..... in which the suit arose; if none such appears, the law of the defendant, and in the absence of specific law and usage equity and good conscience. by the letters patents of the high courts of the three principal courts of calcutta, madras and bombay by cls. 19 in exercise of the original jurisdiction law or equity to be applied (1 .....

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Feb 21 1966 (FN)

United States Vs. Adams

Court : US Supreme Court

Decided on : Feb-21-1966

..... operating advantages over other batteries, [these advantages] would certainly not justify a patent on the essentially old formula." there are several basic errors in the government's position. first, the fact that the adams battery is water-activated sets his device apart from ..... magnesium may be substituted for zinc and cuprous chloride for silver chloride. hence, it argues that the "combination of magnesium and cuprous chloride in the adams battery was not patentable, because it represented either no change or an insignificant change as compared the prior battery designs." and, despite "the fact that, wholly unexpectedly, the battery showed certain valuable ..... of a magnesium electropositive electrode, and an electronegative electrode comprising cuprous chloride fused with a carbon catalytic agent." for several years prior to filing his application for the patent, adams had worked in his home experimenting on the development of a wet battery. he found that when cuprous chloride and magnesium were used as electrodes in an ..... other of cuprous chloride -- which are placed in a container. the electrolyte, or battery fluid, used may be either plain or salt water. the specifications of the patent state that the object of the invention is to provide constant voltage and current without the use of acids, conventionally employed in storage batteries, and without the generation of .....

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Mar 22 1966 (SC)

Gordon Woodroffe and Co. Vs. Sheikh M.A. Majid and Co.

Court : Supreme Court of India

Decided on : Mar-22-1966

Reported in : AIR1967SC181; [1966]SuppSCR1

..... and decreed that counter-claim of the defendants after deducting the said sum of rs. 157/-. the plaintiff preferred an appeal to the high court of madras under the letters patent. by its judgment dated december 15, 1959 the high court reversed the decision of the trial judge and held that the defendants acted as del credere agents of the plaintiff .....

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Jul 01 1966 (HC)

L.C.T.L.P.L. Palaniappa Chettiar and ors. Vs. M.R. Krishnamurthy Chett ...

Court : Chennai

Decided on : Jul-01-1966

Reported in : AIR1968Mad1

..... against the defendant after giving effect to the declaration. the plaintiffs had obtained leave to institute the suit from the judge sitting on the original side under clause 15, letters patent. the defendant's application to revoke or rescind the leave so granted to the plaintiffs was dismissed and the defendant preferred an appeal there-from. here too, a preliminary objection ..... order granting leave to sue in forma pauperis, just as an order declining leave to sue in forma pauperis, is indisputably, a 'judgment' within the meaning of cl. 15, letters patent.(19) in salmond on "jurisprudence", 11th edn., page 270, will be found a table set forth by the learned author, consisting of the entities rights (stricto sensu), liberties, powers, immunities ..... a single judge of the high court, on the original side, demanding security from the defendant, without furnishing reasons therefore:"no doubt an appeal lay against it under the letters patent but that is merely an internal appeal in a high court.........."in shankarlal aggarwala v. shankarlal poddar, thearea of debatable case-law earlier stressed in asrumati debi's case, is ..... order of a single judge of the high court granting permission to the plaintiff to sue in forma paperis amounts to a 'judgment' within the meaning of clause 15, letters patent.in cork industries v. govindarajulu mudaliar, ,ramachandra iyer c. j. and ramakrishnan j. referred to this conflict, and, after a reference toasrumathi debi v. rupendra deb, pointed out that .....

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