Gopal Glass Works Ltd. vs Assistant Controller Of Patents And ... on 17 August, 2005
In Gopal Glass Works Limited v. Assistant Controller
of Patents and Designs, 2006 (33) PTC 434, Calcutta High
Court opined that in order to destroy the novelty of a
design registration, prior disclosure whether by publication
or use or any other way, must be of the pattern, shape
and/or configuration applied to the same article. By this
definition, the test which is to be applied is that the prior
publication of the design disclosed is of the same pattern,
shape and/or configuration. About publication, the Court
made following pertinent observations: