Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
16 results
for “Novelty”
NEC Corporation & Ors. v. The Controller of Patents and Designs & Anr.
A graphical user interface is not per se excluded from registration as a design under Sections 2(a) and 2(d) of the Designs Act, 2000; the requirement that a design be applied to an article by an industrial process must be constru…
Copyright Design OverlapDesign RegistrationDigital PlatformsNoveltyPatentsNovartis AG v. Union of India & Ors.
Section 3(d) of the Patents Act, 1970 imposes a distinct and higher threshold of patentability for new forms of known substances, over and above the ordinary tests of novelty and inventive step. A new form of a known substance mus…
EfficacyEvergreeningInventive StepKnown SubstanceDesignsReckitt Benckiser (India) Ltd. v. Wyeth Ltd.
Prior publication of a design under Section 4(b) of the Designs Act, 2000 requires that the design, as applied to a specific article, be disclosed to the public with sufficient visual clarity to enable a person to perceive its sha…
CancellationDesign RegistrationNoveltyPrior PublicationDesignsSteelbird Hi-Tech India Ltd. v. S.P.S. Gambhir & Ors.
An ex parte interim injunction restraining an alleged infringer of a registered design must be vacated where the defendant demonstrates a credible prima facie case that the design feature relied upon was already common to the trad…
CancellationDesign InfringementDesign RegistrationNoveltyPatentsT-Mobile International AG and Co. KG. v. The Controller General of Patents, Designs and Trademarks and Anr.
Section 3(m) contains four disjunctive exceptions: a mere scheme, rule, or method of performing a mental act, and a method of playing a game. The word 'mere' qualifies the first three limbs, confining the exclusion to claims that …
Computer Implemented InventionGuidelinesMental ActMethod of Playing GamePatentsVifor (International) Ltd. & Anr. v. MSN Laboratories Pvt. Ltd. & Anr.
A product-by-process claim protects the novel product itself where the product cannot otherwise be defined by its structural features, and obtainable by language in such a claim is descriptive rather than limiting; infringement is…
Claim ConstructionInterim InjunctionNoveltyPharmaceutical Patent