time.
PATENT
38. A patent is a right of monopoly for
the exclusive
use of invention. The underlying pur
pose of the patent system ... must
have novelty and utility. It is
essential for the validity of a
patent that it must be the
inventor's own discovery
Authorities concerned in case of opposition does not guarantee the validity of the patent, which can be challenged in High Court on various grounds ... securing a technical opinion in relation to the prima facie validity of the patent and prima facie infringement thereof on the ground that when
patentee of the patent of
addition are different, the validity of the patent
of addition would continue only till ... validity
of the patent of the main invention. Even if the
patent in respect of the main invention is
revoked, the validity of the patent
Authority for revocation of patent cannot be a
ground to stay where plaintiff is complaining violation
of patent right.
4. This Court has considered ... recording
of evidence in respect of the matter concerning the
validity of the patent and it is further made clear that
the final arguments
proviso to Section 129 would itself operate to deny validity to main provisions because of patent discrimination resting on factors of religion and that
those employees whose monthly wages did not exceed Rs. 3,000/-. Constitutional validity of Section 2(9) so amended ... Kerala High Court fell into a patent error in postponing the date of operation of the notification, the validity of which notification the High Court
reads as follows:
"In a suit for infringement of a patent, the plaintiff shall state in his plaint or annex thereto the particulars ... breaches relied upon, and the defendant if he disputes the validity of the patent shall state in his written statement of annex thereto the particulars
preferential categories.
(6) In all other Writ Petitions, they challenge the constitutional validity of the proviso, as also the correctness of the interpretation ... aside on the ground that it suffers from patent error of law ?
FIRST QUESTION- The Constitutional Validity :
12. The submissions made on behalf
means of establishing its nullity. It enjoys a presumption of validity, and will have to be obeyed unless a Court invalidates it. In this sense ... subordinate legislation alleged to be ultra vires for patent or for latent defects, before its validity has been pronounced by a Court of competent jurisdiction
petitioners-accused
are before this Court challenging the legality, validity,
correctness, propriety and patent error committed by both
the Courts in these two revision petitions
