Thursday, March 30 2023   \  Published by Mirandah Asia.

India- Simplicity of an invention should not deter the grant of a Patent

India- Simplicity of an invention should not deter the grant of a Patent

Novelty and inventive step are the essential requirements for the grant of a patent . In an interesting development, the High Court of Delhi, in Avery Dennison Corporation v. Controller of Patents and Designs, CA. 29/2021, has reiterated that the simplicity of an invention should not deter the grant of a patent.

Factual matrix:

An appeal was filed by the Appellant (i.e., Avery Dennison Corporation) seeking inter alia, an order to set aside the decision of the Respondent (i.e., the Controller General of Patents and Designs). The Respondent had refused an application for a patent titled ‘Notched Fastener’ under Application No. 5160/DELNP/2013, on the ground of lack of inventive step whilst relying on two prior art documents. Read more

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