Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Patent and Designs Act 1911 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Patents and Designs Act, 1911 (2 of 1911) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Patent and Designs Act, 1911- Patent law, object, fundamental principle - Utility of invention, whether necessary - Patentable improvement, requirements - Novelty and inventive step test of - Grant of patent, whether guarantees validity - Specification, how to be construed. The appellant and the respondent, are both firms carrying on the business of manufacturing utensils at Mirzapur. In 1951 one of the partners of the respondent firm claimed to have invented a device and method for manufacturing utensils, introducing improvement, convenience, speed, safety and better finish, in the old prevalent method which was fraught with risk to the workers, inasmuch as the utensils used to fly off from the headstock, during the manufacturing process. The respondent filed the necessary specifications and claims, in the patent office, and got the alleged invention patented under the Indian Patent and Designs Act, 1911, with effect from December, 13, 1951, as assignee of the patent, and acquired the sole and exclusive right of using this method and means for manufacturing utensils. In September 1952, the respondent learning that the appellant firm was using the patented method, served a notice upon it, asking for desistance from the infringement of its patent, but the appellant continued to use the patented method. The respondent then filed a suit for permanent injunction restraining the appellant adopting, imitating, employing or in any manner infringing the device of its patent. The appellant resisted the suit, filed a counter-claim and a separate petition under s. 26 of the Act, for revocation of the patent, contending that neither was the respondent's alleged invention a manner of new manufacture or improvement, nor did it involve any inventive step or novelty, having regard to what was known or used prior to the patent. The respondent's suit and the appellant's counter-claim were transferred to the High Court under s. 29 (proviso). Both the suits were consolidated and tried together by a single Judge who dismissed the suit for injunction and allowed the petition for revocation of the patent, issued to the respondent. In appeal, a Division Bench of the High Court reversed the earlier judgment, and set aside the decree. |
Judge | Hon'ble Mr. Justice R.S. Sarkaria |
Neutral Citation | 1978 INSC 258 |
Petitioner | Biswanath Prasad Radhey Shyam |
Respondent | Hindustan Metal Industries |
SCR | [1979] 2 S.C.R. 757 |
Judgement Date | 1978-12-13 |
Case Number | 1630-1631 |
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