High Court Answers the Legal Issue of Novelty under Patents Act, 1970
There is, per se, no inherent contradiction between a finding that an invention is novel, and yet that, in its creation, no inventive step, within the meaning of Section 2(1)(ja) of Patents Act, 1970 is involved. The first aspect pertains to the realm of anticipation, whereas the second pertains to the realm of obviousness. Novelty resides in an invention if it cannot be said to be disclosed in any earlier prior art and cannot, therefore, be said to be anticipated from the prior art.
Tapas Chatterjee v Assistant Controller of Patents and Designs [2025] GCtR 1885 (Delhi)
No comments:
Post a Comment