Tag: Patents Act

Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

Recently in 2018, the Himachal Pradesh High Court passed a judgement revoking a patent granted for a device used for manually hauling of agricultural produce. The judgement has been a landmark for subjects involving both infringements as well as revocation of patents. Facts of the Case The plaintiffs filed a suit against the defendants for … Continue reading Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

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Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

In 2018, the Delhi High Court in the case of Vior (International) Ltd. and Ors.vs. Maxycon Health Care Private Limited and Ors., the Delhi High Court pronounced a judgement holding that the right of the Plaintiffs was violated by the defendants and that the same amounts to infringement. Reliefs were granted to the plaintiffs under … Continue reading Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

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Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)

It is a general rule that once pronounced by a Court a judgment becomes functus officio and it cannot be altered or changed. However, an exception to this rule lies in the equity principle of ‘writ of error’. Writ of error is a writ filed where an error in delivering a judgment can be rectified … Continue reading Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)

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Divisional Application

Pankaj Mohanta, an intern at Khurana and Khurana Advocates and IP Attorneys gives us an overview and analysis of divisional application. BACKGROUND: A divisional patent application is generally a fair basic patent application which differs from the parent application comprising of data, analysis, results and insights about a particular invention from a previously filed application. … Continue reading Divisional Application

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