Court : Delhi
Decided on : Nov-21-1980
Reported in : AIR1981Delhi95; 19(1981)DLT323; 1981RLR373
..... simmons v. mathieson & cold (1911) 28 r.p.c. 486 in these words : 'inorder to render valid the registration of a design under the patents and designs act, 1907, there must be novelty and originality, it must be a new or original design. to my mind, that means that there must ..... single and most familiar article of dress like this, which constitutes novelty of design. , hold that would be no paralyse industry 'and to make the patents, designs and trade marks act a trap to catch honest traders. there must be, nor a mere novelty of outline, but a substantial novelty in the ..... following grounds, namely............ (iii) that the design is not a new or original design.'(6) it may also be mentioned that rule 36 of the indian patents & designs rules, 1933, provides that the applicant may, and shall, if required by the controller in any case so to do endorse on the application ..... that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of patents & designs to obtain the impugned registration. the grievance is that they were hindered in their trade by the registration. (3) the appellants controverter these ..... the design of m/s. b. chawla & sons, hereinafter referred to as the appellants in respect of mirror registered at no. 139585 in class i under the indian patents & design act, 1911 (the act), on february 28, 1972, is a 'new or original' design. (2) m/s. bright auto industries, hereinafter referred to .....Tag this Judgment!
Court : Delhi
Decided on : Aug-25-1980
Reported in : ILR1981Delhi257
..... embodied in the patented apparatus. in other words wet laminating apparatus being already known and used in india previous to priority date there was no inventive step and there was no novelty ..... apparatus/device when he applied for registration of the patent. according to them the complete specification furnished by the plaintiff is vogue, unintelligible and jugglery of words. thus the specification does not state what is the modified construction ..... laminating system from morane maxibond machine and specification and has falsely claimed to be an inventor of the said appalatus. further the plaintiff has not disclosed in the patent specification as to what was the laminating apparatus already available and what was the modification and distinct improvement made and utility imparted by the plaintiff to the existing ..... interim injunction concisely are that the plaintiff has instituted a suit for permanent injunction restraining the defendants and their ser- vants, or agents etc. from infringing in any manner, patent no. 143964 dated 21st july, 1976 entitled 'laminating apparatus' of which he claims to be proprietor and patentee, by manufacture, sale or offering for sale or using .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-07-1980
Reported in : 139ITR806(Guj)
..... the results of future research and development by the company relating to the products and furnish calico simultaneously with the execution of the agreement with all and any secret or patent formulations used by or known to the company for the manufacture of the products and as occasion might arise with all and any improvements, modifications and verifications thereof and any ..... companys standards. under cl. 3, calico was to be free to manufacture, sell and exploit their production of vinyl acetate in india and other parts of the world subject to patents and instructions outside the companys control which may affect such sales outside india and the company agreed to use its best endeavours to obtain such agreements with other parties as ..... and conveyed to calico the sole and exclusive right and licence to manufacture, distribute, sell and exploit the products and improvements, modifications thereof in india and use of any indian patents owned or to be owned by the company in respect of the said products. under cl. 2, the company agreed from time to time and at all times to make ..... derivatives of these and similar resins and certain monomers produced by a process of ester interchange such as vinyl caprate and vinyl aterate and others according to certain secret or patent formulations owned or controlled by the company. in this agreement, vinyl products ltd., is referred to as the company whereas the assessee-company is referred to as calico. the further .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)22CTR(Guj)186; 130ITR655(Guj)
..... capital gains are assessable in the case of transfer of goodwill, the indian act did not have it in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill are not liable to be taxed under section ..... to pay tax on capital gains and profits under s. 41 (2) on different items sold by him under the aforesaid two documents in question, even then, the tribunal was patently in error when it held that rs. 13,000 were liable to be taxed by way of profit on sale of stock. 8. mr. divatia further contended that, in any .....Tag this Judgment!
Court : Chennai
Decided on : Apr-16-1980
Reported in : (1981)20CTR(Mad)299; 127ITR218(Mad)
..... sought the question that has been referred. 3. among the objects of the company as seen from the memorandum were the following : '3. (1) to purchase or otherwise acquire any patents, brevets and inventions, licences, concessions and the like conferring any exclusive or non-exclusive or limited right to use any invention or privilege, which may seem capable of being used .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1980
..... . s. 228 that it should be able to license only purchaser of the unpatented material, because this was the only practicable way to exploit its process patent. "the patent monopoly is not enlarged by reason of the fact that it would be more convenient to the patentee to have it so, or because he cannot page ..... charge of contributory infringement. certain convertible top combinations had been sold without valid license from the patentee. because use of these tops involved direct infringement of the patent, there remained a question whether fabric supplied for their repair might constitute contributory infringement notwithstanding the court's earlier decision. aro ii decided several questions of statutory ..... years, proponents and opponents of the legislation debated its impact and relationship with prior law. draftsmen of the legislation contended for a restriction on the doctrine of patent misuse that would enable patentees to protect themselves against contributory infringers. others, including representatives of the department of justice, vigorously opposed such a restriction. although the ..... policies that permits patentees to exercise control over non-staple articles used in their inventions. section 271(c) identifies the basic dividing line between contributory infringement and patent misuse. it adopts a restrictive definition of contributory infringement that distinguishes between staple and nonstaple articles of commerce. it also defines the class on nonstaple items narrowly. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-16-1980
..... have it -- with the routine problem of "unanticipated inventions." ante at 447 u. s. 316 . in these two acts, congress has addressed the general problem of patenting animate inventions and has chosen carefully limited language granting protection to some kinds of discoveries, but specifically excluding others. these acts strongly evidence a congressional limitation that excludes bacteria ..... of certain bacteria. in particular, the two researchers discovered plasmids capable of degrading camphor and octane, two components of crude oil. in the work represented by the patent application at issue here, chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil components, could be transferred to and maintained stably ..... and scientific considerations involved, and to determine whether living organisms produced by genetic engineering should receive patent protection. in support of this position, the petitioner relies on our recent holding in parker v. flook, 437 u. s. 584 (1978), and the statement that ..... expressly authorizes such protection. his position rests on the fact that genetic technology was unforeseen when congress enacted 101. from this it is argued that resolution of the patentability of inventions such as respondent's should be left to congress. the legislative process, the petitioner argues, is best equipped to weigh the competing economic, social, .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-1980
Reported in : 127ITR746(Delhi)
..... states and canada, apparatus and material so manufactured by the assessed under the licenses granted under this article. the licenses were to manufacture apparatus and material covered by patents and patent rights administered by westinghouse with the help of the information furnished from time to time by westinghouse to the assessed. the licenses, however, did not include any right ..... by the associated companies in the u.s.a. westinghouse was willing to license the assessed under patents and patent rights and technical information administered by it. 3. article i of the agreement provided that the term of the agreement, and of any and all licenses and rights ..... the spread over of expenditure incurred after february 28, 1966, and, secondly, because the expenditure under consideration could not be said to be expenditure for the acquisition of patent rights as required by the section. 18. having held that the amount was rightly disallowed as capital expenditure the tribunal also proceeded to express its opinion on the ..... manufacturing and other information of the associated companies. the above agreement which became effective from may 21, 1962, was promoted by the desire of the assessed to obtain patent rights, rights under technical manufacturing and other information and services necessary to enable it to manufacture, use and sell certain types of electrical and other apparatus and material manufactured .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-02-1980
..... . . . is entitled to substantial weight," post at 446 u. s. 676 , the dissent ignores this contemporaneous administrative practice. the best evidence of the 1920 standard of patentability is the 1920 interior department practice on the matter. the suggestion of the dissent that "future events [such] as market changes" were not meaningful data under the castle v. womble ..... (1) whether a finding of lean surface deposits warranted the geological inference that the claim contained rich "valuable" deposits below; and (2) whether present profitability was a prerequisite to patentability. both issues were decided in favor of the oil shale claimant: the geological inference was deemed sound, and the fact that there was "no possible doubt . . . that ..... ," the decision in freeman v. summers had liberalized the traditional valuable mineral test. but it found that congress, in 1931 and again in 1956, had considered the patentability of oil shale and had implicitly "ratified" that liberalized rule. alternatively, the district court concluded that the department was estopped now from departing from the freeman standard, which ..... spouse. in 1960, mrs. schuyler incorporated respondent d. a. shale, inc., and transferred title to the claims to the corporation. three months later, the corporation filed patent applications. in 1964, the department issued administrative complaints alleging that the mountain boys claims and the shoup claims were invalid. the complaints alleged, inter alia, that oil shale .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-04-1980
Reported in : 136ITR746(Bom); 7TAXMAN85(Bom)
..... a limited period of the technical knowledge of the swiss company with the right to use to patents and trade marks of that company. the assessee acquired under the agreement merely the right to draw, for the purposes of carrying on its business ..... the india i.t. act, 1922. 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 filed which the swiss company commenced. the assessee was on that account a mere licence for ..... of the products made and sold by the assessee-company, the fee being subject to indian taxes, if any. (c) for the right to use the patents and the inscription 'license-grasso' as described in clause 15, the assessee-company will pay to the said grasso a royalty of 2% on the 'net ..... previous written consent of the other party. by cl. 8 both the parties agreed to give each other a free licence of existing and future patents in the filed of the products mentioned in cl. 1 of the said agreement. by cl. 9, the assessee undertook to start the manufacture of ..... scientific and technical knowledge and information, know-how, engineering date, calculations, drawings, designs, material specification, experience and continuous development with the benefit of all patents held by the said grasso in connection with products described in cl. 1 of the said agreement. the objection of the said agreement which has been described .....Tag this Judgment!