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Judgment Search Results Home > Cases Phrase: patents Year: 1974 Page 1 of about 395 results (0.011 seconds)

May 03 1974 (HC)

Shining Industries and anr. Vs. Shri Krishna Industries

Court : Allahabad

Decided on : May-03-1974

Reported in : AIR1975All231

..... for the purposes of the business of the firm. during the subsistence of the partnership none of the two partners could treat and deal with patent right as his individual property. the contention raised by learned counsel for the appellants is hence of no consequence.17. point no. 2 is ..... the firm which constituted of himself and raghubir lal anand as partners. there is a prescribed proforma (form 1-a) for making application for obtaining patent. there is a specific column in that proforma for mentioning that the applicant is the assign or legal representative of the true and first inventor. ..... the loss suffered, was refused.7. learned counsel for the appellants in his argument before us raised the following points:--(i) that for claiming patent of an invention it was not sufficient for the respondent to plead that it was in possession of an invention. it should further havebeen pleaded ..... manufactured by raghunath das kapur, defendant and others from before 5th may, 1965, and if so, its effect? 7. whether the plaintiff secured the patent of mechanism of the alleged padlock by misrepresentation and mis-statement of fact? 8. whether the design and mechanism of the padlocks and locks manufactured by ..... 'narain lock'. they, however, pleaded that the respondent firm was not the first and true inventor of the lock of which it had obtained patent, nor was it the legal representative nor an assign of the first inventor. according to the appellants, the mechanism of the locks manufactured by the .....

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May 28 1974 (HC)

Poysha Industries Co. Ltd. Vs. Dy. Controller of Patents and Designs

Court : Kolkata

Decided on : May-28-1974

Reported in : AIR1975Cal178

..... which could be considered in this appeal is whether the alleged invention had been publicly used or publicly known prior to the application for a patent.13. as discussed before, it is clear from the evidence adduced that such prior public user has not been established and the appellants have ..... authorities were cited by mr. de in support and he contended that the subject-matter of this application not being an invention at all a patent should not have been granted. this appears to me to be a new ground altogether and it seems that under the earlier act the application ..... . from the evidence adduced before the deputy controller of patents and designs it appears that the appellants failed to establish the ground. what was established that the technique used by the appellants in manufacturing the ..... in section 9 (d) of the earlier act. to succeed on that ground the appellants had to establish that the invention for which the patent was being claimed namely the container and closure had been publicly used or was publicly known in india prior to the filing of the said application ..... february 1960 and also to messrs. zandu pharmaceutical works ltd. since march 1969. it was further alleged in the said opposition the alleged claim for patent by the respondents as regards improvement in container closure was neither novel nor new but an application and utilization of the known technique of crimping commonly used .....

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Feb 08 1974 (HC)

Raytheon Company Vs. the Controller of Patents and Designs and anr.

Court : Kolkata

Decided on : Feb-08-1974

Reported in : AIR1974Cal336

..... of the proposition that where there was no application of mind there was no decision given by the central government and as such the controller of patents and designs should have ignored the purported expression of opinion by the central government.4. so far as the contention that there was no direction ..... atomic energy and the direction given by the central government shall be final.(7) ........(8) notwithstanding anything contained in the indian patents and designs act, 1911, the decision of the central government on points connected with or arising out of this section shall be final.'2. ..... believe relates to atomic energy, shall communicate to the central government the nature and description of the invention.(5) ........(6) the controller of patents and degins shall have the power to refer any application to the central government for direction as to whether the invention is one relating to ..... section, inter alia, provide as follows:--'sec. 20. special provisions as to inventions -- (1) as from the commencement of this act, no patents shall be granted for inventions which in the opinion of the central government are useful for or relate to the production, control, use or disposal of ..... said company is a company organised and existing under the laws of the state of delaware, united states of america. the application related to patent in respect of what is called 'imaging system'. the system is described in the words of the application, inter alia, as follows:--'this .....

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May 13 1974 (FN)

Kewanee Oil Co. Vs. Bicron Corp.

Court : US Supreme Court

Decided on : May-13-1974

..... field by developing processes, procedures, and techniques that produced page 416 u. s. 496 much larger crystals than any competitor. these processes, procedures, and techniques were also patentable, but no patent was sought. rather, harshaw sought to protect its trade secrets by contracts with its employees. and the district court found that, as a result of those secrecy precautions ..... sustained by the court of appeals. the district court issued a permanent injunction against respondents, ex-employees, restraining them from using the processes used by harshaw. by a patent, which would require full disclosure, harshaw could have obtained a 17-year monopoly against the world. by the district court's injunction, which the court approves and reinstates ..... unpatentable inventions, it has been suggested that partial preemption may be appropriate, and that courts should refuse to apply trade secret protection to inventions which the holder should have patented, and which would have been, thereby, disclosed. [ footnote 20 ] however, since there is no real possibility that trade secret law will conflict with the federal policy ..... and to increased economic efficiency within large companies through the dispersion of responsibilities for creative developments. [ footnote 12 ] having now in mind the objectives of both the patent and trade secret law, we turn to an examination of the interaction of these systems of protection of intellectual property -- one established by the congress and the other .....

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Jul 24 1974 (HC)

Commissioner of Income-tax Vs. Associated Electrical Industries (India ...

Court : Kolkata

Decided on : Jul-24-1974

Reported in : [1975]101ITR844(Cal)

..... covered by the assessee. the licence grantedto the assessee-company was to continue for unexpired terms of the indian letters patent and the extension or re-grant thereof. as a consideration for the grant the assessee was to pay 5% royalty on the net selling price of all laminated products ..... occasion to consider this question. there theassessee, a public limited company, was carrying on business of laminatedmaterials and entered into an agreement with an english company inrespect of the patents owned by the english company for production ofcopper-clad laminates. by that agreement, the company granted to theassessee an exclusive non-assignable licence to manufacture laminates inaccordance with the process ..... was allowable as business expenditure under section 10(2)(xv). the assessee did not under the agreement become entitled exclusively, even for the period of the agreement, to the patents and trade marks of the swiss company. it had merely access to the technical knowledge and the experience in the. pharmaceutical field which the swiss company commanded. the assessee ..... drafts which might be useful to introduce licensed preparations and to promote their sale in india. it granted to the assessee full and sole right and licence under the patent listed in the agreement to make, use, exercise and vend the inventions specified therein in india and also a licence to use certain specified trade marks in the territory .....

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Shultz Vs. Moore

Court : US Supreme Court

Decided on : Jan-01-1974

..... will not do to leave such matters to unarticulated resolution by the jury. nor can the courts rely upon the patent officer always to apply the standard faithfully. the proceedings on an application are not adversary. no representative of the public appears to contest unwarranted claims; the examiner alone must ..... question of law. see great atlantic & pacific tea company v. supermarket equipment corp., 340 u.s. 147, 155 (1950) (concurring opinion). findings that identify the unique features of the patented device and explain why they advance the art are essential, to permit appellate review to insure that constitutional limitations have not been exceeded. the responsibility belongs to the courts. it ..... to the advancement of scientific knowledge. besides novelty and utility, a distinctive contribution expanding the frontiers of scientific and industrial knowledge was demanded. this constitutional restraint on the dispensation of patents was once captured in our cases under the standard of 'invention.' see reckendorfer v. faber, 92 u.s. 347 ; smith v. whitman saddle co., 148 u.s. 674 ; ..... that the subject matter was 'obvious . . . to a person having ordinary skill in the art,' 35 u.s.c. 103. the court of appeals reversed, holding that the patent carries a presumption of validity overcome only by clear and convincing evidence, and that obviousness is a factual question on which the trial judge should not override the jury. with .....

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Jan 21 1974 (FN)

Oneida Indian Nation Vs. County of Oneida

Court : US Supreme Court

Decided on : Jan-21-1974

..... taken by the federal courts in such cases probably reflects a recognition that federal issues were seldom apt to be dispositive of the lawsuit. commonly, the grant of a land patent to a private party carries with it no guarantee of continuing federal interest, and certainly carries with it no indefinitely redeemable passport into federal court. on the contrary, as the ..... "arising under" jurisdiction merely to allege that ownership page 414 u. s. 677 or possession is claimed under a united states patent. joy v. city of st. louis, 201 u. s. 332 , 201 u. s. 342 -343 (1906). as the court stated in packer v. bird, 137 u. s. 661 , 137 u ..... one of the parties to it has derived his title under an act of congress." shulthis v. mcdougal, 225 u. s. 561 , 225 u. s. 570 (1912). [ footnote 11 ] once patent issues, the incidents of ownership are, for the most part, matters of local property law to be vindicated in local courts, and in such situations it is normally insufficient for ..... . in taylor, the plaintiffs were individual indians, not an indian tribe; and the suit concerned lands allocated to individual indians, not tribal rights to lands. see 32 stat. 641. individual patents had been issued with only the right to alienation being restricted for a period of time. cf. minnesota v. united states, 305 u. s. 382 , 305 u. s. 386 n .....

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Mar 04 1974 (FN)

Teleprompter Corp. Vs. Columbia Broadcasting

Court : US Supreme Court

Decided on : Mar-04-1974

..... attempts at revision in the 91st congress, s. 542, and the 92d congress, s. 644, met with a similar lack of success. at present, senate hearings in the subcommittee on patents, trademarks and copyrights have been held on a bill that would amend the copyright act, s. 1361, but the bill has not yet been reported out of that subcommittee. a .....

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Apr 17 1974 (HC)

Harijander Singh Vs. Selection Committee, Kakatiya Medical College, Wa ...

Court : Andhra Pradesh

Decided on : Apr-17-1974

Reported in : AIR1975AP35

..... it is quite relevant to refer to halsbury's laws of england, iv edition, page 150, where it is said:'certiorari may issue to inferior statutory tribunals such as the patents appeal tribunal and to inferior non-statutory tribunals discharging functions of public nature.'99. these decisions make it abundantly plain that the earlier bench decision in (1971) 2 an wr ..... article 226 of the constitution. such a body is amenable, therefore, to the jurisdiction of this court under article 226 of the constitution.'it was further observed:'it would be patently clear that the college is a body of persons of a public character which has to determine sometimes matters affecting civil rights of the teachers and also students of the .....

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Feb 05 1974 (HC)

Commissioner of Income-tax, Gujarat-ii Vs. Elecon Engineering Co. Ltd.

Court : Gujarat

Decided on : Feb-05-1974

Reported in : [1974]96ITR672(Guj)

..... am afraid that i must use the phrase - sui generis. it is not easily compared with factory or officer 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 it correct to describe it as .....

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