Infringement of Patents : An Analysis of Compulsory Licensing Through Pertinent Case Laws

Patent is granted for inventions. It a legal right which an inventor has for his inventions. An invention must satisfy the following three conditions of: (i) Novelty (ii) Inventive-Step (Non- obviousness) (iii) Utility/Usefulness 1) Novelty: An invention will be considered novel if it does not form a part of the global state of the art.15 The courts in India have decided a few cases concerning to novelty, however none of the case is directly dealing with the novelty. In the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries wherein the plaintiff instituted a suit for injunction and damages against defendants forthe process of manufacturing utensils, particularly shallow dishes of which it owes a patent , the issue came up was- Whether an alleged invention involves novelty and an inventive step?, it was held that A patent is granted only for an invention which must be new and useful, a patent is granted to encourage scientific research , new technology and industrial process. 1