object,
fundamental principle-Utility of invention, whether
necessary-Patentable improvement, requirements-Novelty and
inventive step test of-Grant of patent, whether guarantees
validity-Specification ... manufacture or improvement, nor did it involve any inventive
step or novelty, having regard to what was known or used
prior to the patent
essential part
or the basis of the Plaintiff's claim for novelty forms part of the infringing copy.
(iii) The similarity or difference
whereof is registered under the provisions of the
Designs Act, 2000 . The novelty of the applicant's registered design resides
in the shape
pattern, ornament or configuration on glass.
34. In order to destroy the novelty of a design registration, prior
disclosure whether by publication ... cancellation.
41. To constitute prior disclosure by publication to destroy the
novelty of a registered design, the publication would have to be,
in tangible form
launched the MNGE mirror in September 1998. As per the plaintiff, the
novelty in Indian Patent No. 190380 resides in a mirror with no copper ... under:
(a) That the alleged invention is not patentable as it lacks
novelty and the same is anticipated by the prior arts, (the
detailed analysis
Vaswani
&Ors. AIR 2010 SC3221 and Novelty Emporium vs. Novelty Creation
Private Limited , 96 (2002) DLT 68. The relevant portion of the aforesaid
judgments ... right
to use that word to the exclusion of others."
B) Novelty Emporium (supra) :
"15. In the present case the word Novelty must
locks and curd top was pure and simple functional features and no novelty could be claimed in respect of the same. Mr. Singh contended that ... goods of utility and functional nature, even otherwise there is no novelty in the goods of the plaintiffs and injunction order be vacated
same. 'A design to be registrable must be new and original. Novelty alone is not sufficient. There must be substantial originality as well substantial ... novelty, and even if there is bare novelty, but there is insufficient originality, then the application for registration ought not to be allowed to proceed
failed to establish as to how the patent for process is new, novelty or involves an invention or how the process is economically beneficial. Further ... therefore the manufacture of laminated paper does not involve any invention or novelty also.
15. The applicant/plaintiff has merely copied prior art:
The learned
design which has aesthetic appearance and utility value. By, virtue of its novelty, originality, high publicity and sale, Wimco aver to have acquired a unique ... application and each of the representations a brief statement of the novelty he claims for his design. Paragraph 90 of the Instructions for the Guidance
