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.