Case Law Details
Avery Dennison Corporation Vs Controller of Patents And Designs (Delhi High Court)
A simple change resulting in unpredictable advantages of a product would come under the ambit of ‘invention’ under Patents Act
Conclusion: Delhi High Court on the issue of invention under Patents Act, 1970 observed that one of the sure tests in analysing the existence of inventive step would also be the time gap between the prior art document and the invention under consideration. If a long time has passed since the prior art was published and a simple change resulted in unpredictable advantages which no one had thought of for a long time, the Court would tilt in favour of holding that the invention is not obvious.
Facts: In present facts, the appeal has been filed by the Appellant seeking inter alia, an order to set aside the decision dated 12th August, 2021 of the Respondent-Controller General of Patents and Designs. The impugned order refused the application for grant of a patent titled ‘Notched Fastener’ under Section 15 of the Patents Act, 1970 on the ground that the claimed subject matter of the subject patent does not constitute an invention under Section 2(1)(j) of the Act.
The Appellant company is engaged in the business of providing branding and information labelling solutions and manufactures a wide variety of labelling materials to enhance brand packaging, to carry or display information about products.
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