Patent

  Court while finding a case of “ever greening” under Section 3(d) of the Patents Act to have been made out, denied an interim injunction to the plaintiff in the said case even though a valid patent had been granted to the said party inasmuch as the defendant was able to make out a strong case as to the invalidity of the patent concerned.

Indian IPR

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Patent

HELD – IPAB – legal requirement of filing ‘proof of right’ is met by filing of the declaration under Rule 4.17 (ii) of the PCT Regulations by the appellant. There is no other ground or objection to the grant of patent which is mentioned in the refusal order.

Indian IPR
Patent

Court rejected an argument that the right given to a patentee under Section 48 of the Patents Act, 1970 would not cover manufacture undertaken solely for the purposes of export and held that the protection provided under the said provision could not be whittled down to cover only domestic manufacture and sale.

Indian IPR