THE PATENT APPLICATION CANNOT BE DIVIDED INTO INDIVIDUAL ELEMENTS FOR REGISTRATION; INSTEAD, THE TEST OF INVENTIVENESS IS USED TAKING THE INVENTION AS A WHOLE: CALCUTTA HIGH COURT In a recent appeal under Section 117A (2) of the Patents Act, 1970, the Calcutta High Court determined that the test of creativity of an invention sought to be registered under the Act must be applied by taking the invention into account as a whole. The Court said that while deciding whether an invention is apparent, it should do so rigorously and objectively, without breaking down the registration application into individual components. At Reddy and Reddy Law Firm we have a team of expert individuals who cater to our client’s needs with utmost diligence.
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