Court : Supreme Court of India
Decided on : Aug-21-2008
Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368
..... intended to have a dichotomy between 'pre-grant opposition' and 'post-grant opposition'. however, the legislature intended that there shall be only one statutory appeal against grant of patent. the legislature intended to obliterate appeal from 'pre-grant proceedings', which existed earlier. however, it was left to the executive to bring the enacted law into force vide notification. for ..... from any decision, order or direction of the controller, inter alia, under section 25(4) [which refers to the power of the controller to maintain, amend or revoke the patent].23. in the present case, the legislature intended to provide for two types of scrutiny followed by one statutory appeal to the appellate board against 'post-grant proceedings'. the legislature ..... under:section 117g. transfer of pending proceedings to appellate board.- all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall be transferred to the appellate board from such date ..... not brought into force. the result is that although the legislature intended to provide for only one statutory appeal to the appellate board, by reason of section 61 of the patents (amendment) act, 2005 not being brought into force till 2.4.07 a strange situation developed. the legislature intended to provide for only one statutory appeal to the appellate .....Tag this Judgment!
Court : Delhi
Decided on : Apr-01-2008
Reported in : LC2009(1)22; 2008(37)PTC56(Del)
..... of pending proceedings to appellate board.- all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall be transferred to the ..... a second right of opposition was given at the post grant stage. further, no appeal was contemplated against an order passed by the controller of patents pertaining to a pre-grant opposition but against an order passed at the post grant opposition which right of opposition was restricted to a person interested ..... in the official gazette on 2.4.2007. vide notification no.so.510(e), exercising power under sub-section 2 of section 1 of the patents amendment act, 2002 the central government notified the remaining provisions of the amendment act of 2002 to come into force with effect from the date of ..... substituting certain words in sub-section 2 and sub-section 3 of section 25. however, pertaining to an opposition to an application for grant of a patent no amendment was incorporated in section 25; existing provisions whereof were retained as they were in the statute book. 11. vide section 47 of the amendment ..... 83 of the t.m. act, 1999?2. the question of law afore-noted has arisen due to the amendments incorporated in the patents act, 1970 by the patents amendment act, 2002 notified on 25th june, 2002 but various provisions thereof brought into force firstly on 20.5.2003 and the remaining .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-10-2008
Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.
..... application for the same invention claiming identical article or substance in a convention country on or after the ist day of january, 1995 and the patent and the approval to sell or distribute the article or substance on the basis of appropriate tests conducted on or after the ist day of january ..... single judge, the controller of patent and the union of india filed two appeals, while two others were preferred by a third party to the proceedings who wanted to be added ..... deleted. on june 9, 2005 the writ petitioners filed another writ application thereby challenging the order dated 28th december, 2004 passed by the controller of patent by which the prayer for the emr of the writ petitioners was rejected for the second time. challenging the correctness of order passed by the learned ..... the `emr'). on july 28, 2000 the examiner filed examination report as regards the claim of the writ petitioners for grant of emr. the controller of patent, however, by order dated 3rd may, 2002 refused the prayer of the writ petitioners for emr. being dissatisfied, two different writ applications were filed before ..... subject matter of challenge in this appeal. a learned single judge had set aside the order dated 28.12.2004 passed by the controller of patents and designs (in short the `controller') and remanded the matter to him for arriving at a fresh decision on the application of the writ .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2008
Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36
..... to have attempted to justify his order by filing a counter affidavit to this writ petition. the affidavit shows a rather biased attitude of the deponent who granted the patent to the fourth respondent. therefore, while setting aside the grant as above, we direct the second respondent to assign the consideration of the petitioner's pre-grant opposition ..... under:given the importance of the issues, the government undertook broad-based and extensive consultations involving different interest groups on aspects critical to the changes which were necessary in the patents act, 1970. these included country-wide interactive sessions with various interest groups, including scientists, academicians, economists, representatives of various industry sectors (such as pharmaceutical, biotech, and software), ..... .16. a perusal of the rules will show that on consideration of the representation from the objectors, if the controller is of the opinion that the application for patent shall be refused or the complete specification requires amendment, under rule 55(4) he shall give notice to the applicant to that effect along with the copy of ..... representation only when a request for examination of the application has been filed.(3) on consideration of the representation if the controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the application to that effect along with a copy of such representation.(4) .....Tag this Judgment!
Court : Chennai
Decided on : Feb-16-2008
Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)
..... with the diameter of bore ranging from 45 mm to 70 mm, two spark plugs for lean burn, etc. the respondent, who claims to have adopted either honda patent or avl patent which is the licensor of the respondent, has chosen to have the diameter of the bore as 54.4 mm, which is certainly not a large engine, but a ..... or economic significance cannot be scrutinised and the meaning has to be restricted. according to him, either economic significance or technical advancement cannot be a subject matter of the patent.16(a). he would submit that there must be nexus between the provisional specification and the complete specification and the complete specification must be based on provisional specification as per ..... specification must meet the original claim made by a patentee and that should be taken as the scope of intention. his submission is that while deciding about the infringement of patent, the patentee property should be construed and it must be compared with the defendant's product. he submits that there is remarkable variation between the provisional specification, complete specification ..... booked is not ascertainable immediately. in such circumstances, it is ordered that the respondent shall not receive any further booking in respect of the motorcycles containing the disputed engine technology patent. insofar as the motorcycles already booked/ the respondent is at liberty to deliver them subject to the following direction: that is the respondent is directed to maintain accounts for .....Tag this Judgment!
Court : Chennai
Decided on : Jun-30-2008
Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)
..... date. the applicant/plaintiff has been manufacturing and selling food-grade laminated paper resembling a banana leaf ever since the year 2000. by virtue of grant of patent under patent no. 189079 with effect from august 2000, he is exclusively entitled to manufacture the artificial food-grade laminated paper resembling a banana leaf. the applicant/plaintiff further ..... in o.a. nos. 494 and 495 of 2006 respectively, praying for an ad-interim injunction restraining the respondents/defendants from in any manner infringing his registered patent under patent no. 198079 in respect of 'food-grade laminated paper, method and apparatus for manufacturing the laminated paper', by manufacture and sale of products identical to the product ..... started manufacturing the same product and selling in the market. messrs.wockhardt limited has filed a suit for permanent injunction restraining messrs. hetero drugs limited from infringing the patent, emr and from manufacturing the said pharmaceutical preparation and pending disposal of the same, orders of interim injunction were prayed for and the said petitions were dismissed. ..... upheld. 40. in : (2006)1mlj542 - wockhardt limited v. hetero drugs ltd. and ors. , messrs. wockhardt limited a pharmaceutical company is the holder of the process patent, exclusive market rights and drug licence for the manufacture of pharmaceutical preparation, namely, nadifloxacin 1% cream. the first respondent in the said case namely hetero drugs limited had infringed .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-18-2008
Reported in : 2009(3)BomCR896; 2009(111)BomLR479
..... 23. for the above reasons,, therefore, if any other interpretation is put as contended by advocate shri manohar, the net result would be that a patentee inventing a patent by utilization of huge money and manpower involving scientists, technocrats and technicians would be left high and dry and this would definitely be detrimental to the encouragement of scientific ..... use of inventions stands extended even to the central government, state government or a government undertaking. according to me, these provisions have been made in order that the patents can be utilized by central government, state government for the purposes other than purely departmental in the discharge of duties or the sovereign functions but in accordance with the terms ..... .he cited the following decisions:(1) : 2scr757 (bishwanath prasad radhey shyam v. hindustan metal industries).(2) : 1scr177 (ram chand bhatia v. hardyal).discussion:7. the patents act, 1970 was passed after consideration of shri justice n. rajagopala ayyangar's recommendations and the act as well as rules came into force on 21.4.1972. some remaining ..... commercial benefit, steel wire rope net system and steel spiring lock system which are identical to and/or substantially similar to and as all essential features of plaintiffs patented gswr system and patented spiral lock system resulting into infringement thereof. the appellant came to know that respondent no. 1, in fact, supplied those systems to various railway authorities in response .....Tag this Judgment!
Court : Delhi
Decided on : Feb-22-2008
Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)
..... shows that where it is shown that the act complained of is what was disclosed in a prior publication, which can be relied on against the validity of the patent, and no patentable or substantial alteration has been made in respect thereof, there is a good defense. as far as the documents relied on by defendant no. 2 are concerned,the ..... .4.97 application dated 17.7.97application dated 30.11.2000recombinant and synthetic proteinrecombinant and synthetic peptidesrecombinant antigens (ns3, ns4, ns5 and core). this is identical to plaintiff's patent.hcv antibodies igg, igm, iga are visualised.hcv antibodies igg, igm, iga are visualizedonly igg is visualizedantibodies have to react with colloidal gold and protein a and protein gantibodies ..... opinion on the aspects of novelty, industrial applicability and non obviousness. article 35(2) of the pct states that the international preliminary report would not contain any statement on the patentability or unpatentability of the claimed invention according to any national law. the international search report (7th nov. 2002) is again with regard to the 'diagnostic kit for invitro ..... and section 151 of the civil procedure code (hereinafter referred to as the 'said code') is for the issuance of a temporary injunction restraining the defendants from infringing the plaintiff's patent no. 194638 dated 22nd september, 2006 in a suit for permanent injunction, rendition of accounts and damages.3. the plaintiff further claims to be a pioneer company enjoying a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-01-2008
..... of the fact that the controversy involved before ipab is concerning crystal modification of a n-phenyl-2-pyrimidineamine derivative and since the dispute is regarding patentability of the process as well as the product that we are of the view that such complicated disputes need to be resolved by ipab which must ..... making our order a precedent for future cases, we called for a panel/list of controllers duly qualified under section 116 of the patents act, as amended by the patents (amendment) act, 2006.6. from that list submitted to us, we have opted for the name of dr. p.c. chakraborti, ..... of technical member in the intellectual property appellant board (ipab) constituted under the provisions of section 116 of the patents act, 1970. on 2nd april, 2007, central government appointed s. chandrasekaran as technical member (patent) of ipab vide notification of even date. on 3rd april, 2007, notification was issued notifying 2nd april, 2007 ..... it is also made clear that dr. p.c. chakraborti, who is presently deputy controller of patents and designs, will not be entitled to draw his salary for the aforestated period as deputy controller of patents and designs but, he would be entitled to protection of his seniority and other incidental benefits.9. ..... deputy controller of patents & designs, who holds post- graduate degree of m.sc. (chemistry) as well as ph.d.7. we, accordingly, direct that all .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-25-2008
Reported in : LC2008(3)192
..... connection with, any such examination or investigation or any report or other proceedings consequent thereon. therefore, the legislators have very clearly and unambiguously stated that grant of a patent does not warrant any validity and, therefore, a separate provision has been provided in section 113(1) authorizing the high court in such proceedings as the present matter to ..... the gabion is fairly well established with numerous manufacturing productions, design, methodology and guidance for the gabion products.23. mr. nanavati has further submitted that rope can not be patented by any one because it is available in various forms and it varies in its strength, dimension, density, thickness, abrasion resistance, thermal stability etc. all these details are ..... more flexibility, non-corrosive, having more strength and capable to take the contour of the ground level. he has, therefore, submitted that mere challenging the validity of the patent is not sufficient for not granting of injunction. the respondent has to establish a strong case of invalidity. the respondent has failed to produce any material for establishing prior ..... 26.10.2005 and while vacating the ad-interim injunction, the learned single judge has observed that in case the respondents feel that impugned gabions are different than the patented srg invention of the appellant, the respondents were free to manufacture and sell the impugned gabions. the learned single judge has, however, directed the respondents to maintain .....Tag this Judgment!