Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive
“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.
The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.
The mistake of the patent agent would be similar to the mistake of an advocate who may be representing parties in any