Court : Kolkata
Decided on : Aug-23-1978
Reported in : AIR1979Cal210
..... have been objected to.' 15. carefully examining the said finding and also the complete specification in this case i have no hesitation in holding that the applicants are claiming patent regarding invention to a substance prepared or produced by chemical process. the appellant is simply eliminating the stages in the manufacturing process of the said substance which involves chemical ..... from gaseous form to the solid form. that only involves physical process and no chemical porcess is involved. mr. lal also submitted that under section 116(2) of the patents act, 1970, it has been specifically provided that appeal to high court would lie from a decision of the controller under section 15. therefore, there is no substance ..... of the provisions of section 5(b). mr. roy chowdhury relied on the complete specification of the appellant wherefrom it is quite clear that the substance on which the patent is claimed by the appellant is produced by chemical process, firstly by gases and thereafter, by de-sublimation to the lobular solid form. therefore, mr. roy chowdhury submitted ..... substantially free from undesired contaminants which would detract from the intended desublimation step.'thereafter various examples were given and the claims of the appellant in the said application for patent are as follows :'1. solid lobular aluminium chloride of generally curvi-linear contour compositely constituted of autogenously bonded pluralities of smaller sized particles and characterized by the substantial .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-13-1978
Reported in : AIR1982SC1444; (1979)2SCC511; 2SCR757
..... the application, the applicant may leave it at any subsequent time within 9 months from the date of the application. the application is then examined by the controller of patents for the patentability of the invention. the controller then makes a thorough search among his records for novelty. the controller is bound to refer to ah examiner an application, in respect ..... flaw which would have warranted interference by the appellate bench.39. be that as it may, from the discussion that follows, the conclusion is inescapable that the invention got patented by m/s. hindustan metal industries, respondent herein, was neither a manner of new manufacture, nor a distinctive improvement on the old contrivance involving any novelty or inventive step ..... hoechst & b. corporation v. untchan laboratories : air1969bom255 .with the aforesaid prefatory survey, we now turn to the 1911 act. the act provides various checks to prevent an invalid patent being granted which does not involve any inventive step or a manner of new manufacture or improvement. the procedure for obtaining an exclusive privilege under this act (before the amending ..... the plantiff-firm, invented a device and method for the manufacture of utensils, in 1951. the plaintiff after filing the necessary specifications and claims in the patent office, got the alleged invention patented under the indian patent and designs act, 1911 (hereinafter called the act), at no. 46368-51 on may 6, 1953 with effect from december 13, 1951 as assignee .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-18-1978
Reported in : (1979)1CompLJ51(Cal),121ITR510(Cal)
..... paid by the assessee to the foreign company under article 6(a) of the agreement is a capital expenditure.53. mr. sengupta further argues that the exploitation of the patents and the technical knowledge cannot help the assessee in running its business carried on by it before entering into this agreement and, therefore, the expenditure incurred by the assessee under ..... , in which the assessee was a manufacturer of copper laminates. under the first collaboration agreement the english company granted to the assessee a non-assignable licence to use its registered patents to manufacture an allied product, namely, copper-clad laminates. under that agreement royalty payable by the assessee to the english company was based on a certain percentage of the annual ..... of mysore kirloskar ltd. v. cit : 67itr23(kar) and, by following the ciba case : 69itr692(sc) , held that the assessee acquired a mere licence to use the patents, designs and the technical knowledge under the collaboration agreement and the entire amount paid by the assessee as licence fee was allowable as a revenue expenditure.19. in mysore kirloskar ..... engineering and manufacturing information, including specifications, drawings, etc. (which may be in its possession) to the licensee as may be reasonably required by the licensee in order to use the patents to the best advantage. (2) tor-isteg to this end will make available to the licensee the services of one or more european experts to assist in the production stage .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-22-1978
..... locomotive works v. medart, 158 u. s. 68 ; tilghman v. proctor, supra. [ footnote 14 ] sections 102 and 103 establish certain conditions, such as novelty and nonobviousness, to patentability. [ footnote 15 ] the underlying notion is that a scientific principle, such as that expressed in respondent's algorithm, reveals a relationship that has always existed. "an example of such a ..... the mathematical page 437 u. s. 594 formula -- consists of unpatentable subject matter. in countering this supposed objection, respondent relies on opinions by the court of customs and patent appeals which reject the notion "that a claim may be dissected, the claim components searched in the prior art, and, if the only component found novel is outside the ..... paper calculations, the abstract of disclosure makes it clear that the formula is primarily useful for computerized calculations producing automatic adjustments in alarm settings. [ footnote 3 ] the patent claims cover any use of respondent's formula for updating the value of an alarm limit on any process variable involved in a process comprising the catalytic chemical conversion of ..... may be appropriate for a steady operation, but during transient operating situations, such as start-up, it may be necessary to "update" the alarm limits periodically. respondent's patent application describes a method of updating alarm limits. in essence, the method consists of three steps: an initial step which merely measures the present value of the process variable .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-31-1978
..... shall be liable to the party injured for such injury or damage." [ footnote 10 ] title 30 u.s.c. 52 provides in full: "all patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights ..... . 730, 84th cong., 1st sess., 5 (1955); see s.rep. no. 554, 84th cong., 1st sess., 4-5 (1955). apparently, locating a claim and obtaining a patent to federal land were so inexpensive that many "use[d] the guise of mining locations for nonmining purposes," including the establishment of "filling stations, curio shops, cafes, . . . ..... possession of the land, and may make any use, or no use, of the minerals involved. see 30 u.s.c. 28. once fee title by patent is obtained, see supra at 436 u. s. 609 , even the $100 requirement is eliminated. one can readily imagine the legal conflicts that might arise ..... ." 30 u.s.c. 51. [ footnote 9 ] in 1870, congress again emphasized its view that water rights derive from "local" law, not federal law, making "[a]ll patents granted . . . subject to any vested and accrued water rights . . . as may have been acquired under or recognized by [the 1866 provision]." 30 u.s.c. 52. ..... exclusive possessory rights to the land and may keep others from making any use of it. by complying with certain procedures, moreover, respondent could secure a "patent" from the government conveying fee simple title to the land. see 30 u.s.c. 29, 37; 1 american law of mining 1.23 (1973). .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-12-1978
Reported in : (1979)8CTR(All)168; 119ITR33(All)
..... (sc) is equally distinguishable. there, one of the terms of the agreement was that upon termination of the agreement for any cause, the ciba company would cease to use the patents and trade marks and return to the swiss company all copies of information, scientific data or material sent to it. the agreement was for a period of five years for .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-10-1978
Reported in : AIR1978Cal374,82CWN894
..... 1947--section 21. 2. the employees' state insurance act, 1948--section 82. 3. the workmen's compensation act--section 30. 4. trade and merchandise marks act. 1958-- section 108. 5. patents act, 1970-- section 116. 6. the motor vehicles act, 1939-- section 110 (d) against decrees of the claims tribunal. 7. the income-tax act-- section 269-h against the order ..... its authority and jurisdiction or the order of a court or tribunal is not violative of the fundamental basic principles of justice and fair play or that there is no patent or flagrant error in procedure or law. the high court may also justifiably intervene under this article when the order passed results in manifest injustice.11. we now come to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-03-1978
..... later, in the act of july 9, 1870, 16 stat. 218, congress reaffirmed that occupants of federal public land would be bound by state water law, by providing that "all patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights." the effect of the 1866 and 1870 acts was not limited to rights previously .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-11-1978
..... of domestic states and foreign sovereigns may, in this limited respect, be roughly comparable. but the very limited scope of the inquiry in evans precludes consideration of the manifold and patently obvious respects in which foreign nations and our own domestic states differ -- cogent differences bearing on the question under consideration here, though obviously not at all on the court's ..... antitrust litigation originated with a proceeding brought by the federal trade commission which resulted in an order requiring petitioners pfizer and american cyanamid to grant domestic applicants licenses under their patents for broad spectrum antibiotics. see charles pfizer & co. v. ftc, 401 f.2d 574 (ca6). criminal antitrust proceedings against petitioners pfizer, american cyanamid, and bristol-myers were eventually dismissed. united ..... , 26 stat. 209, as amended, 15 u.s.c. 1, 2. among the practices the petitioners allegedly engaged in were price-fixing, market division, and fraud upon the united states patent office. [ footnote 2 ] india and iran each alleged that it was a "sovereign foreign state with whom the united states of america maintains diplomatic relations"; the philippines alleged that it .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-13-1978
Reported in : 116ITR231(KAR); 116ITR231(Karn)
..... an asset. it is intangible : 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 reality when associated with production and development such as that of rolls .....Tag this Judgment!