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january 1986

Supreme Court of India · 1986-01-14

MONSANTO COMPANY BY THEIR PATENT AGENT, DE PENNING AND DEPE vs CORAMANDAL INDAG PRODUCTS (P) LTD.

Citation / case number
SC 1984/68343
Court
Supreme Court of India
Petitioner
MONSANTO COMPANY BY THEIR PATENT AGENT, DE PENNING AND DEPE
Respondent
CORAMANDAL INDAG PRODUCTS (P) LTD.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that under Sections 64(1)(e) and (f) of the Patents Act, 1970, a patent may be revoked if the invention is not new or obvious based on prior public knowledge. The Court found that Butachlor, a herbicide, was publicly known before the patent claim and that the process of emulsification was also well-known, thus the plaintiffs could not claim exclusive rights. The appeal was dismissed, affirming the appellate court's decision to revoke the patent as it lacked novelty and inventive step.

MONSANTO COMPANY BY THEIR PATENT AGENT, DE PENNING AND DEPE vs CORAMANDAL INDAG PRODUCTS (P) LTD. · Niyam