Court : Delhi
Decided on : Apr-06-1973
Reported in : ILR1973Delhi177
..... is matter no. 574 of 1966, decided by s. a. masud j. in the calcutta high court. that was a petition under section 51-a of the patents and designs act, 1911, instituted by m/s. western engineering company against paul engineering company. the judgment is reported as : air1968cal109 . in that case, design ..... in the suit. (5) m/s. western engineering company having instituted the aforementioned suit, also instituted a further proceeding under section 51-a of the indian patents and designs act, 1911 on 10th july, 1967. in this latter petition, which was c. o. no. 7 of 1967 in this court, it was ..... not on the side but on the front. in addition, the defendants claimed that they had already instituted a petition under section 51-a of the patents and designs act, 1911, for cancellation of the plaintiff's design which was pending in this court. another defense of the defendants was that the ..... designs for horse-shoe shaped cycle lock. (2) on 22nd november, 1966, the america lock company instituted a petition under section 51-a of the indian patents and designs act, 1911, for the cancellation of the design registered in favor of the western engineering company. that petition was c. o. no. 1 ..... firm, i.e.. western engineering company applied for the registration of a design of horse-shoe shape cycle lock used for locking bicycles, under the indian patents and designs act, 1911. this design was registered and allotted the number 125728 on 25th may, 1965. the former firm, i.e., america lock company .....Tag this Judgment!
Court : Delhi
Decided on : Mar-27-1973
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 : US Supreme Court
Decided on : Jan-22-1973
..... i there is neither statutory nor case authority for the existence of a general right of either private individuals or the government to collaterally challenge the validity of issued patents. in the patent act of 1790, congress provided that private citizens could, upon motion alleging fraudulent procurement, prompt a district court to issue to a patentee an order to show ..... restraint of trade in griseofulvin. secondly, we think that ici and glaxo should have been required to sell bulk-form griseofulvin on reasonable and nondiscriminatory terms and to grant patent licenses at reasonable-royalty rates to all bona fide applicants in order to "pry open to competition" the griseofulvin market that "has been closed by defendants' illegal restraints." ..... permit the government to amend its complaint with respect to this issue. on remand, the district court should consider the validity of the ici dosage-form patent and the glaxo microsize patent. iii the question remains whether the government's case for additional relief was sufficient to provide the appropriate predicate for a consideration of its challenge to the ..... states, 323 u. s. 386 (1945). appellees opposed mandatory sales and compulsory licensing, asserting that the government would "deny defendants an essential ingredient of their rights under the patent system," and that there was no warrant for "such a drastic forfeiture of their rights." in this context, where the court would necessarily be dealing with the future enforceability of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-18-1973
..... many bills to provide copyright protection for such recordings were introduced, but none was enacted. see ringer, the unauthorized duplication of sound recordings, studies prepared for the subcommittee on patents, trademarks, and copyrights of the senate committee on the judiciary, 86th cong., 2d sess., 21-37 (comm.print 1961). respondent argues that congress failed to enact these bills ..... arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." madison made a brief comment on this provision governing both patents and copyrights: "the states cannot separately make effectual provision for either of the cases, and most of them have anticipated the decision of this point, by laws ..... , 60th cong., 2d sess., 2 (1909). similar difficulties were experienced by john fitch and other inventors who desired to protect their efforts to perfect a steamboat. see federico, state patents, 13 j. pat.off.soc. 166, 170-176 (1931). [ footnote 13 ] as early as 1751, massachusetts granted to benjamin crabb the exclusive right to employ a specific ..... to encourage innovation and originality of invention against the need to insure competition in the sale of identical or substantially identical products. the standards established for granting federal patent protection to machines thus indicated not only which articles in this particular category congress wished to protect, but which configurations it wished to remain free. the application of .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-14-1973
Reported in : (1975)16GLR130
..... for which it is enacted. now, section 7 confers a kind of limited protection on an intending patentee. it provides that after application for patent is accepted, as envisaged by section 6, the controller has to give notice thereof to the applicant and shall advertise the acceptance stating therein that ..... of patentee complaining of infringement of a patent or making, selling or using the invention without the licence of the patentee or against any who counterfeits it or imitates it. proviso to ..... infringement committed before the advertisement of the acceptance of the application.section 26 sets out the grounds on which application for revocation of the patent can be made and entertained by the high court. section 29 confers jurisdiction on the district court to entertain a suit at the instance ..... gone through the entire gamut of the suit, at the final hearing when the court was inclined to examine some serious contentions as to when patent can be sealed and in what circumstances, it can be revoked, simultaneously examining the question as to whether there was any inventive step taken ..... october 1971 but which, according to mr. p.m. raval, learned advocate now tells me, was sealed on 15th october 1971.2. the patent was in respect of a roasting apparatus and complete specification briefly describes the invention as providing a vertical rotating shaft, the vertical rotating shaft being .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-17-1973
..... 1845), for the proposition that a federal rechanneling project could not diminish the extent of the state's landholdings. those decisions involved post-statehood federal patents of land covered by navigable waters at the time of statehood. this court held only that, since title to lands beneath navigable waters was vested ..... was expected that the river might wander within the parcel of land making parts thereof riparian which were not so at the time of the patent. petitioner argues that its predecessor was therefore entitled to pass onto his successors all the rights he had in the property -- including his riparian ..... this opinion. reversed and remanded. mr. justice rehnquist took no part in the consideration or decision of this case. [ footnote 1 ] the federal patent to the santa fe pacific railroad conveyed a parcel of land in township 19 north of range 22 west, described as follows: "the lots one, two ..... quitclaim of federal proprietary rights in the beds of navigable waterways. [ footnote 19 ] the act specifically excepts from its scope lands lawfully conveyed or patented by the united states. [ footnote 20 ] since the act does not extend to the states any interest beyond those afforded by the equal-footing ..... conducted in 1905 and 1906, and approved by the surveyor general of the united states in 1906, indicates that, as of the date of the patent, the santa fe parcel abutted the east bank of the colorado river. [ footnote 1 ] upon admission to the union in 1912, arizona succeeded .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-04-1973
..... . among the taxes held invalid were the following: sales tax on articles sold to the government, panhandle oil co. v. mississippi, 277 u. s. 218 ; income tax on earnings from patents and copyrights, long v. rockwood, 277 u. s. 142 ; income tax on income derived by lessees of public lands, gillespie v. oklahoma, 257 u. s. 501 . at the same time .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-11-1973
Reported in : AIR1975AP138
..... such a rule either on the ground that it is not within the power or that it is repugnant to the parent act.102. in rex v. comptroller general of patents: bayer products ltd., ex pane. (1943) 2 kb 306 at p. 311, scott, l. j., said '..... the effect of the words 'asappear to him to be necessary or expedient' is .....Tag this Judgment!
Court : Orissa
Decided on : Mar-07-1973
Reported in : 34STC347(Orissa)
..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant or lease. the word is especially used in reference to mines, patents and copyrights'.,it, therefore, appears that royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to the government. the same view ..... lordships observed thus:in wharton's law lexicon (fourteenth edition) the word 'royalty' has been explained as 'payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-19-1973
Reported in : AIR1974SC710; 1974CriLJ631; (1974)1SCC374; 2SCR282
..... high court as part of the administration of justice. several high court acts clothe chief justices with administrative powers and civil courts acts and letters patents charge judges with administrative duties the goal being effective administration of justice. if the appointment of clerks is part of the administration of justice, denunciation ..... the administration of justice and the due execution of all the powers and authorities granted and committed to the said high court by these letters patent.' it is obvious that this authority of the chief justice to appoint clerks and ministerial officers for the administration of justice implies an authority to ..... been, when vested in the high court, consistently regarded by the statutes as a function in the administration of justice. take for example the letters patent for the high court of calcutta, bombay and madras. clause 8 thereof authorises and empowers the chief justice from time to time as occasion may ..... a subterfuge to counter-act the said decision of the government by taking a novel step, and that the high court's action suffered from patent mala fide. he stated that there was a turn of event after return of the chief justice from the chief justices' conference and that the ..... said decision of the government by a novel step, thus to deprive the appellant of the result of the said decision. in view of this patent mala fide alone, such an action is liable to be quashed, by any competent court of law.22. then at a later stage the appellant .....Tag this Judgment!