principal inventive step is
only the VFD controlled by a central monitoring unit used for optimization.
50. PCA however was not an inventive step ... Patents and Designs , 2022 SCC OnLine Del
3659, which summarizes various principles and approaches for determining
whether a patent lacks an inventive step, as also
patentable under
Section 3(d) of the Indian Patent Act.
e) The plaintiffs in a subsequent patent filed in the United States Patent
Office have ... lack of inventive step
30. The defendant has explained the concept of lack of inventive step in
detail by contending that the patent
Indian Patent and Designs Act, 1911 -Patent law, object,
fundamental principle-Utility of invention, whether
necessary-Patentable improvement, requirements-Novelty and
inventive step test ... inventive step' without novelty."
765
Whether an alleged invention involves novelty and an
'inventive step', is a mixed question
definition clause; it inter alia, defines, inventions, inventive step, new invention, and patent, as follows:
2. (j) ``invention'` means a new product or process ... involving an inventive step and capable of industrial application;
(ja) ``inventive step'` means a feature of an invention that involves technical advance as compared
defines `inventive step' as
under:
(ja) "inventive step" means a feature of an
invention that involves technical advance as
compared ... invention is obvious or not are:
i. That simplicity does not defeat an invention - even simple
inventions are patentable.
ii. The inventive step
aspects of the dispute, against each other.
I. The Suit Patent and Inventive Step
21. Anaplastic Lymphoma Kinase (ALK) has, since long, been
recognized ... distinction between genus
patent and species patent, the Plaintiff No.l has been granted valid and
subsisting patents corresponding to suit patent in several countries
that the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard ... Patent Act.
Their defence is, therefore, predicated on alleged invalidity of the suit
patent.
18. As already noted, the invalidity of the suit patent
that the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard ... Patent Act.
Their defence is, therefore, predicated on alleged invalidity of the suit
patent.
18. As already noted, the invalidity of the suit patent
that the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard ... Patent Act.
Their defence is, therefore, predicated on alleged invalidity of the suit
patent.
18. As already noted, the invalidity of the suit patent
that the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard ... Patent Act.
Their defence is, therefore, predicated on alleged invalidity of the suit
patent.
18. As already noted, the invalidity of the suit patent
