Syngenta Limited vs Controller Of Patents And Designs on 26 July, 2023
But what is crucial to note, is the fact that the invention itself is
defined in the claims. While such claims do have to be based on
the disclosure in the specification, however even if a person
does not read the complete specification and wishes to identify
the invention, the place to look for it is in the 'Claims'. The
Invention thus resides in the Claims. Accordingly, "unity of the
invention"/ "plurality of inventions" and whether they form a
"single inventive concept" has to be gleaned from a reading of
the claims. This position has been examined and held so by the
IPAB as well in ESCO Corporation v. Controller of Patents &
Designs [OA/66/2020/PT/DEL, decided on 27th October, 2020],
where the IPAB observed: