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Judgment Search Results Home > Cases Phrase: patents Year: 2012 Page 1 of about 1,647 results (0.010 seconds)

Apr 22 2012 (HC)

Ms. Sarisha and anr. Vs. Sakhi Enterprises Partnership Firm.

Court : Karnataka

Decided on : Apr-22-2012

..... butt roop chand vs. nankan and ors (air 1964 all 27) to contend that the suit by a firm is maintainable. the said case arose tinder similar provisions, but under patents and designs act. in the said case, the case of the plaintiff firm was that it had obtained licence from the original patentee and that was established as a valid .....

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Aug 03 2012 (TRI)

M/S. N.V. Diamcad and Another Vs. the Assistant Controller of Patents ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Aug-03-2012

..... believe that inconsistencies between the claims and the description amount to insufficiency. this dichotomy has been clearly explained by justice whitford in dual manufacturing and engineering inc.s patent [1977] rpc 189 where itwas held that ??that the sole question on an allegation of insufficiency was whether the description which had been given was sufficient ..... of opponent being ??description is not clear how the second measurement is carried out in absence of first measurement. opponents arguments basically related to ??that the instant patent specification does not fully and sufficiently describe the features of the invention. the opponents further argued that the description is not clear how the second measurement is carried ..... were to be relevant, quod non, then the examiner would have mentioned this document in the search report established by the european patent office since the european patent office has access to belgian patents. 55.belgium patent discloses a method for accurately measuring the depth location of the impurities in a diamond using microscope by taking direct measurement (perpendicular ..... patentees are m/s diamcad n.v. belgium. and mr. sivovolenko serguei borisovish, russia. m/s sarin technologies, an israeli company has opposed the grant of this patent. they succeeded before assistant controller, who has upheld submission relating to anticipation and insufficiency. the patentee request for amending the claims was not allowed by the assistant controller as .....

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Jun 06 2012 (TRI)

TianjIn Dishili Investment Holding Group Limited Vs. the Controller Ge ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Jun-06-2012

..... methoxy] phosphinyl] methoxy) ethyl] adenine and a composition containing that new crystalline form. the claim 1-4 could not be allowable under section 3(d) of patent act 1970 ,and the agent have not able to prove enhance efficacy. there is no data submitted in the complete specification for clinical trial on human being, " ..... beings to support the case of therapeutical efficacy. thereafter, the assistant controller held that claims 4-7 are not allowable under section 3(e) of the patents act, 1970 and claims 7-10 are being beyond the scope of claim 1. 2. the learned counsel for the appellant submitted that the entire order ..... hearing was held on 20.8.2009. the assistant controller held that claims 1-4 could not be allowed in view of section 3(d) of the patents act, 1970 and no proof has been furnished to show enhanced efficacy. the impugned order also records that there is no data to show clinical trial on ..... be given. 9. the fact that this impugned order has been set aside does not mean that we have considered the merits of the patent application to found the invention patentable. we have not examined the merits at all. this shall be considered independently and in a judicial manner by the controller. such an order ..... experimental clinical data done on human being in support of therapeutic efficacy. 4.) claims 4-7 are not allowable under section 3(e) of the patent act 1970 as amended in 2005. 5.) claims 7-10 are beyond the scope of claim 1. in view of my findings, i refuse to proceed .....

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Oct 08 2012 (TRI)

Andrews Ponnuraj Vairamani Vs. the Controller of Patents, Chennai

Court : Intellectual Property Appellate Board IPAB

Decided on : Oct-08-2012

..... to compulsory licence on notification by central governmentsection 9221appeal against the order of the controller with respect to the termination of compulsory licencesection 9422application for revocation of patents by any interested personsection 64(1)23application for rectification of register by any aggrieved personsection 715. shri s.p. chokalingam referred to the judgement reported in ..... of the lapsed patentsection 6113appeal against the order of the controller with respect to the surrender of patentssection 6314appeal against the order of the controller revoking the patent in public interestsection 6615appeal against the order of the controller with reference to registration, assignments and transmission, etc.section 69(3)16appeal against the order of ..... 289appeal against the order of the controller in giving directions to the co-owners of patentsection 5110appeal against the order of the controller with respect to the patents of additionsection 5411appeal against the order of the controller with regard to the restoration orf lapsed patentsection 6012application against the order of the controller in reference to ..... a list of provisions that are appealable as under:-sl.no.subject matterprovision of law1appeal against the order of the controller refusing or requiring amendment to the patent applicationsection 152appeal against the order or the controller with respect to the division or applicationsection 163appeal against the order of the controller with respect to the post .....

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Feb 28 2012 (HC)

Ms. Anvita Singh Vs. Union of India and Another

Court : Delhi

Decided on : Feb-28-2012

..... than 60% marks, which are the qualifying marks, she has to be declared pass in the examination and which entitles her to get registered as the patent agent. we may clarify that the aforesaid approach is restricted to the case of the petitioner in order to find the solution of the case at hand. ..... in u.s. nor in canada, u.k. and in the european union office etc. there is no weightage for viva voce for grant of registration as patent agents.12. taking cue from the observations of the division bench in aiims v. dr. a.m.v.r. narendra (supra), mr. maninder singh has gone ..... controller under this act.12. he, thus, submitted that if a person is not good, he will not get work from the prospective client as the patent agent was required to generate his/her own work depending upon his own efficiency and capability and by generating faith in his/her client/prospective client. on ..... this requirement. we reproduce here under rule 110 of the patent rules. written examination is in two papers followed by viva voce. all three have 100 marks each. sub-rule (3), which is the bone of contention, ..... time of making the application for registration;(d) he has paid such fee as may be prescribed3. one of the requirements for qualifying for registration as patent agent, thus, is passing the qualifying examination prescribed for the purpose. this is so prescribed in rule 110, as indicated above, to have clearer view of .....

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Oct 29 2012 (TRI)

Bayer Animal Health Gmbh, Germany Vs. Union of India Through the Secre ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Oct-29-2012

..... to resubmit the same application as a divisional application. 7. the learned counsel submitted that there have been other cases identical, where similar divisional application has been granted a patent and they also produce those applications. this can hardly advance the case of the appellant. we also do not know the exact facts in all those other applications and whether ..... for the appellant explained in detail the history and background of the present act and how india was requested by the dispute submission body to bring its transitional regime for patent protection for pharmaceutical, agricultural and chemical products in conformity with trips agreement. the first examination report relating to the parent application was issued on 2nd july, 1999. it ..... deputy controller of parents and designs dismissed the application. in the impugned order he observed that the concept of divisional application is basically to protect multiple inventions disclosed in one patent and if in one parent application, the claims did not relate to a single invention, the law provides the appellant to file a further application as a divisional application ..... was deemed to have been abandoned under s. 21(1) of the act. the application was again examined and a further report containing the objections was issued by the patent office vide letter dated 08/10/2008. the appellant was informed that the present application cannot be considered as a divisional application and s. 16 requires the parent application to .....

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Feb 17 2012 (HC)

Samsung Electronics Company Limited and Another Vs. Kapil Wadhwa and O ...

Court : Delhi

Decided on : Feb-17-2012

..... after: 7.12 committee was also given to understand by the representative of publishing industry that the scheme of copyright law was entirely different from the trade marks act and patents act 1970. the application of the standards and principles of these two laws through the proposed amendment of section 2(m) would completely dismantle the business model currently employed , rendering ..... several industries unviable. on specific query in this regard, the department informed that the concept of international exhaustion provided under section 107 a of the patent act, 1971 and in section 30 (3) of trade marks act and in section 2(m) of copyright law were similar. this provision was in tune with the national policy .....

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Mar 09 2012 (TRI)

The Travancore Mats and Matting Co. Vs. the Controller of Patents and ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Mar-09-2012

..... /size desired by a customer. the novel process involved and the superior characteristics of the product which have evolved through this process clearly demonstrate the inventive step involved in the patent. 9. there have been several traditional methods of manufacturing coir tufted mats in existence for more than 30 years in countries such as usa, germany, france, netherlands, italy, spain, ..... the patentee invented, upon extensive search, development and testing, a novel and exclusive process for manufacture of high quality coir tufted rubber mats which is the subject matter of the patent. the said tufted rubber mats are manufactured by embedding straight and evenly cut coir fibre from the coir yarn to rubber compounded sheets. the mats produced by using this novel ..... petition may be allowed. respondents response: 8. the counsel for the respondent shri.r. jeevanandam submitted that ??prior to the introduction of the products manufactured by way of the patent in the market, the coir mats available were mostly pvc tufted coir mats which were made using liquid compounded pvc and sized coir bits. these mats were not eco-friendly ..... brush mats were known to the trade earlier and hence not an inventive step. ? 7. the counsel for the applicant relied on the following grounds (a) 2nd respondent obtained patent on a false representation and moreover the 2nd respondent failed to disclose to the 1st respondent material facts that were relevant for a consideration of his eligibility to such a .....

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Jun 01 2012 (TRI)

Magotteaux International S.A. (Belgium) and Another Vs. Assistant Cont ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Jun-01-2012

..... or homogenous phase, in the claim what is mentioned is homogenous solid solution. in addition we have the affidavit of the inventor hubert jaques francois as declared before the us patent office. the relevant portions of which are extracted hereunder: ??4.) in the prior art, metal salts precursors are used to impregnate metal oxides (larmie), in a preparation process ..... appears to suggest that they placed all the four amendments under the clerical error category. we earnestly hope that this vagueness and uncertainty will not shroud the proceedings in the patent office hereafter. it will not contribute to the health of the institution. 17.) the order of amendment herein appears to indicate to us that ??consisting of ? cannot be ..... to the learned senior counsel, ??homogenous solid solution ? was used all along in the specification and he had also referred to the affidavit by the inventor himself before the us patent office. here he had claimed that the combination of aluminium oxide (al2o3) and zirconium oxide (zro2) in the form of homogenous solid solution is the invention itself. therefore, now ..... such errors of translation cannot be considered as clerical error and relied on 1962 (rpc) 182 maeres application (clerical error). the learned counsel also submitted that in a stand alone patent application like the present application there cannot be a translation error. as regards the amendment of ??consisting of ? to ??comprising of ? , the learned counsel submitted that if the .....

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Apr 04 2012 (TRI)

Deepak Pranjivandas Shah Vs. the Controller of Patents and Designs and ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Apr-04-2012

..... court held that ??although egly may have suggested removal of air, it nonetheless contained inherently contained interstitial aeration sufficient to enhance sensitivity when comprised of elements within the clay patent range ? . 30. in the present case, the invention includes the word ??plant protectant while describing the present composition. the word ??plant protectant to our understanding ..... size aids conversion (para 16 supra). in 190 f3d 1342 ?? atlas powder company and hanex products inc vs, ireco incorporated and ici explosives usa. inc, the patent claimed explosive compositions. in this case it is an agricultural composition. widely used explosives are relatively weak because the interstitial air occupies considerable space leaving less room for ..... someone succeeding in modifying a fungicidal composition to make it a plant nutrient composition, it would surely evidence invention, not lack of it. compositions as both the patent specifications are agricultural composition but because of the difference in combination of ingredients, their amounts, the specific particle size, the specific granular size and the overall physical ..... that all the experts have testified that this was new, and neither obvious nor anticipated. conversion to sulphate is instantaneous. the learned counsel submitted that the australian patent application for the same invention had been accepted. 5. the learned counsel submitted that the impugned order erred in holding that all the ingredients of the present .....

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