Monday, May 17, 2010

Patents Act, 1970

Sections 13(4) & 45
Patent in Synthetic Rope Gabion used for the preservation of riverbanks, seashores, seacoasts etc., particularly to prevent erosion caused by natural processes . Examination and investigation leading to grant of patent shall not be deemed in any way to warrant the validity of any patent — plaintiffs have at different places in different pleadings stated that their invention is for an improvement over the prior art and not for a new product — Looking to the state of prior art, publicly known, in existence and use, the technological advance claimed was obvious to the persons skilled in the art — Refusal to grant injunction

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