.... Section 15 of the Patents Act states that where the Controller is satisfied that the application for grant of patent, or any spec...complete specification “any person interested may given notice to the Controller of Patents (“Controller”) of opposition to the grant of patent on the grounds set out in Sections 25(1)(a...opposition under Section 25(1) i.e the grant of the patent with or without amendments, or the refusal of the patent.5. Prior to its amendment in 2005, against an order under Section 15...

...that stage, Section 25 of the Act had not been amended. Under Section 25 of the pre-amended Act, an opposition to the grant of patent had to be filed within four months from...:“In view of the above discussion and in consideration of the submissions of both the parties. I hereby order to grant [Patent No. 194639] on Patent Application No. 590.Del/2000 with...the application for a patent has been found to be in order for grant of patent and if the application has either not been refused by the Controller or has not been found in contravention of the Act, the...

...Debangsu Basak, J.:— A decision dated August 7, 2019 taken by the Deputy Controller of Patent and Designs in an application for patent being application no. 3900/KOLNP/2012 filed on December 10, 2012 in under ...patent being made, First Examination Report was filed at the request of the petitioner. There were certain objections raised in the First Examination Report with regard to the request for grant of.... (supra) was entertained.6. In the facts of the present case, an application for grant of patent was rejected by the impugned decision. In the course of adjudicating on the...

...Order1. Leave granted. Sugen Inc., USA and Pharmacia and Upjohn Company, USA filed an application on 9-8-2002 for the grant of patent. The...application was recommended for grant of patent on 23-8-2007 and was finally allotted Patent No. 209251, which was published in the Patent Office Journal under Section 43(2) of the Patents Act, 19...Section 25(3)(b) of the Act to the parties.4. Chapter V of the Patents Act, 1970 (for short “the Act”) deals with the opposition proceedings to grant of patent. Section 25(1) ...

...Section 25 (unamended) of the Act, which held the field at that time, an opposition to the grant of patent could be filed within four months from the date of publication. Such a period could be extended by...detailed order dated 23.8.2006, the Controller rejected this opposition. On rejection of pre-grant opposition, the Controller ordered grant of patent on the application of the respondent No. 5 put...submissions of both the parties. I hereby order to grant [Patent No. 194639] on Patent Applicant No. 590.Del/2000 with the following condition:The Applicants shall give cross reference to the ...

...appearing for the petitioner submits that, an application for grant of patent is being objected to by the writ petitioner. He submits that, there are four other objectors to the application for grant...of patent, apart from the petitioner. His client is the fifth objector. As an objector, the writ petitioner has a right to cross-examine any witness which the applicant for grant of patent relies upon...in the proceeding for grant of patent. He refers to Section 79 of the Patents Act, 1970 and (2014) 4 Cal LT...

.... However, Mr. Srish Kumar Mishra, learned Counsel for Respondent 1 submits that, though a pre-grant opposition was filed by the petitioner, opposing the grant of Patent No. 363697, the opposition was...right to oppose an application for grant of a patent is statutorily conferred by Section 25 of the Patents Act, 1970. It is a valuable right, and cannot be permitted to be defeated on technical...considerations. The absence of a pre-grant opposition also confers rights on the patent holder, once the patent is granted. 7. In that view of matter, and given the...

...herein, filed its application for grant of patent. After scrutiny, the said application stood notified by the Patent Office on 20-11-2004. Thus, proceedings commenced before the Controller of Patents in...hereinbelow Sections 25 and 116 as they stood in the year 2000 under the Patents (Amendment) Act, 1999 which read as under:“25. Opposition to grant of patent.—(1) At any...Controller may allow on application made to him in the prescribed manner before the expiry of the four months aforesaid) any person interested may give notice to the Controller of opposition to the grant of the ...

...K.N Basha, Chairman:— The challenge in this appeal is to the order dated 31.03.2010 passed by the Assistant Controller of Patents & Designs, New Delhi refusing the application in grant of Patent under...after grant of Patent under Parent Application No. 0008.DEL/1997.3. Mr. Sanjeev Kumar Tiwari, the learned counsel appearing for the appellant vehemently contend that the impugned order is...granted on the basis of the parent patent application No. 0008.DEL/1997 on 14/06/2002 and as such the first divisional application was filed before the grant of patent under parent patent applicat...

... JUDGMENT The appellant assails an order dated 07.11.2016 by which Patent Application No.4583/CHENP/20...oral submissions and also submitted written submissions on 18.04.2016. Eventually, by order dated 07.11.2016, the application for grant of patent was rejected. The present appeal arises under the above...occur in nature were not dealt with. It is of paramount importance that an order of adjudication in respect of an application for grant of patent should contain cogent reasons for the conclusions...

...whereto plaintiff filed an application for grant of patent for the invention titled as System/ Device Process for Classification of Various Materials under the Patent Act...Patents Act on 6 March, 2015 in the Patent Journal for third party pre-grant opposition under Section 25 of the Act. No opposition to the said CS(COMM) 124/2019 Page 3 of 15 application was filed including...suit has been instituted on 6 March, 2019 i.e. within one month of the grant of patent. It is claimed that Section 25(2) of the Patent Act provides that at any time af...

...petitioners filed a representation by way of opposition at a pre-grant stage to the Patent Application of the 4th respondent under Section 25(1) of the Patents Act, 1970...novelty.4. Inter alia on the basis of the aforesaid contentions, the petitioners filed their representation opposing the grant of patent to the 4th respondent under the provisions of...has been found in order for grant. However, patent will be granted after disposal of pre-grant opposition by way of third party representation, if any, under Section 25(1) of the Act and found in...

...by the learned Single Judge of this Court dismissing I.A No. 642/2008 filed by them in their suit CS (OS) No. 89/2008, there by declining their prayer for grant of an interim injunction to restrain the Defendant/Respondent ...13th March, 1996 OSI along with Pfizer Products Inc. made an application to the Controller General of Patents, Trademarks and Designs, New Delhi for grant of a patent in respect of Erlotinib. The...Section 11-A(7) of the Patents Act 1970, introduced by the Patents (Amendment) Act, 2005 (effective from 1st January, 2005), in case of patent applications filed under ...

...Hon'ble Smt. Justice Prabha Sridevan, Chairman:— This petition is for condonation of delay in filing the appeal. The impugned order refusing the grant of product patent was passed on...grant of a product patent) and the consequential order of 1st July 2008 refusing the grant of patent. If such appeal is filed within a period of two weeks accompanied by an appli.... The maintainability of the appeal against the refusal of grant of product patent can always be objected when the matter is taken up for hearing. The Registry is directed to number the appeal, if otherwis...

..., 2023 rejecting the Grant of Patent and Set Aside the same and consequently direct Grant of the Patent in respect of the Appellant's Application No.4039/CHENP/2014. For Appellant : Mr.S....against the order dated 03.01.2023, passed by the Controller of Patents and Designs, Chennai in respect of the Appellant's Application No.4039/CHENP/2014, rejecting the grant of Patent. ...mandates that where the complete specification is amended before the grant of Patent, then the amended specification shall be examined and investigated in a like manner as the original specification...

...respondent has refused the grant of patent by issuing an order on 27.03.2009 which is the impugned order herein. Immediately the appellants preferred an appeal against the order of the respondent on...Designs, S.L.P (C) No. 15727 of 2008. The counsel for the appellant cited both the cases and said that the legislature intended to provide two types of scrutiny during the grant of patent, namely pre...existed an appeal against the pre-grant opposition under section 116 of the Act as amended by the Patents (Amendment) Act, 2002 before the grant of patent. The counsel argued tha...

...K.N Basha, Chairman:— The challenge in this appeal is to the order dated 31/03/2010 for refusing the application filed by the appellant under No. 1154.DEL/1997 for the grant of patent for...application for the grant of patent on the objection raised under Section 3(d) & (e) of the Act in respect of the amended claims 1 & 2 made by the appellant herein. Being aggrieved against the said order...has also filed other applications for the grant of patent namely “Ziprasidone mesylate dihydrate” which is inferior to the present invention but the patent was granted in Patent application No. 1156...

...submitted by the learned Attorney General that insofar as the patent of “Basmati rice” is concerned, the Government of India had already taken various steps in the matter to challenge the grant of...protection of the biodiversity;(ii) challenge the patenting of Basmati rice, if required, in the United States Patent and Trademark Office (USPTO) and/or before the Dispute...patent. At the request of the learned Attorney General, we had adjourned the matter for four months.3. On the matter coming up before us today, learned Attorney General...

...remanded to the aforementioned authority so that the petitioner's application for grant of patent can be considered afresh along with pre-grant oppositions filed qua the patent in issue...Section 25 of the Patents Act, 1970 (in short the Patents Act), to oppose grant of patent to the petitioner.3. In sup...placed on record by the applicants, who had filed their applications to oppose the grant of patent to the petitioner, under Section 25 of the Act. Ms. Singh submitted that this aspect, was clearly...

...India is directed against the grant of Patent No. 231479 dated 04.03.2009 vide Patent Application No. 96.MUM/2005 evidenced by Annexure-U to the petition and the order dated 03.06.2009 (Annexure-Z to...opposition. The Petitioner also obtained the copies of relevant documents from the record. More than three months after the grant of patent, the Respondent No. 4 forwarded to the Petitioner, an order...4 and particularly by the Assistant Controller of Patent & Designs, it is stated that the Petitioner had filed pre-grant opposition for unamended/originally filed claims. Based on that, the...