defendant, the
specie patent would become vulnerable to revocation under Section
13(1)(b) read with Section 64 of the Patents Act. That apart ... suit patent IN 161
on the anvil of Section 13(1)(b) read with Section 64(1)(a) of the
Patents Act, Mr. Hemant Singh
grant of patent, as well as the
rights to have an infringing patent revoked, must emanate from
the Patents Act . Section 64 of the Patents ... 64. Revocation of patents -
(1) Subject to the provisions contained in
this Act, a patent, whether granted before or
after the commencement of this Act
Court.
(ii) Section 13(4) of the Act has been interpreted by the Supreme
Court to mean that no patent which is granted in India ... Suit patents, the so
called "EDGE/ 3G patents" are being challenged, on multiple
substantive grounds under Section 64 of the Act including
revocation of
the patent spelt out in Section 64 of the Act, one under Section 64 (1)
(h) was that of "sufficiency ... been in breach of Section 8 of the Act thus rendering its patent
vulnerable to revocation in terms of Section 64
grant of a patent,
and are persons „interested‟ within the meaning of Section 25(2) and Section
64 of the Patents Act, their remedy against ... Section 25(4) of the Patents Act, they can file an appeal before the IPAB in
terms of Section 117A of the Patents Act.
Where
qualification that reference to Section
92(3) is without prejudice to the plea under Section
64 of The Patents Act. Therefore Section ... patent or which
ground of invalidity pleaded under Section 64(1) of
CS(OS) No.3812/2014 Page 36 of 143
The Patents Act that
Prabhat Steel Traders Pvt Ltd vs Excel Metal Processors Pvt Ltd And 2 Ors on
that after the amendment of Section 64 of
the Patents Act, by virtue of the Patents (Amendment) Act, 2005 "a person
interested ... Section 64 of the Patents
Act. The other distinguishing factor is that, there is no provision under the
Patents Act similar to Section
context of Section 64 of the
Patents Act, 1970 which deals with revocation of patents. Sub-Section
(1) thereof provides that subject to the provisions ... also noted that the revocation of a patent can be sought under
Section 64 of the Patents Act, 1970 by a defendant in an infringement
granted to the plaintiff
under Section 64 read with Section 104 of the Act on the
ground that Patent No.186857 was not patentable under ... very same grounds which are available
under Section 64 of the Act for revocation of the patent is urged
as a ground for defence
