Mr. X claims to make an invention of a device which has twin purpose of serving as torch and radio. As per the choice of the user, the device can be used for one or the other use or both simultaneously. It has an option

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2019
Mr. X claims to make an invention of a device which has twin purpose of serving as torch and radio. As per the choice of the user, the device can be used for one or the other use or both simultaneously. It has an option of electric charge or solar charge. Advise Mr. X about the patentability of the product.

Answer & Explanation:

The fundamental principle of the Patent Law is that a Patent is granted only for an invention which must be new and useful. That is to say, it must have novelty and utility. It is essential for the validity of a Patent that it must be the inventor's own discovery as opposed to mere verification of what was already known before the date of the Patent. It is important to bear in mind that in order to be Patentable an improvement on something known before or a combination of different matters already known should be something more than a mere workshop improvement; and must independently satisfy the test of invention or an 'inventive step'. To be Patentable the improvement or the combination must produce a new result, or a new article or a better or cheaper article than before. Section 3(f) of the Patents Act, 1970 deals with the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not an invention. In order to be patentable, an improvement of something known or a combination of different matters already known should be something more than a mere workshop improvement: and must independently satisfy the test of invention or an inventive step. To be patentable, the improvement or the combination must produce a new result, or a new article or a better or cheaper article than before. A combination of old known integers may be so combined that by their working inter-relation, they produce a new process or an improved result. Mere collection of more than one integers or things, not involving the exercise of any inventive faculty, does not qualify for the grant of patents. (Biswanath Prasad Radhey Shayam v. Hindustan Metal Industires (1979) 2 SCC 511).

Topics: Patent Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic