Holistic approach to patents protects inventors

By Abhai Pandey,Lex Orbis IP Practice
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In evaluation of patent infringement, the claims and specifications of the alleged infringing product are compared to the claims and specifications of the original patent. This comparison may be made by literal interpretation, or it may be holistic, holding a party liable for infringement even though the new device or process does not fall within the literal scope of the original patent claim. In the second case, the original patent is deemed to be equivalent to the claimed new invention.

Abhai Pandey,Lawyer,Lex Orbis IP Practice
Abhai Pandey
Lawyer
Lex Orbis IP Practice

In Raj Parkash v Mangat Ram Chowdhry and Ors, 1978, which was decided under the Indian Patents Act, 1970, the court stated, “It is the pith and marrow of the invention claimed that has to be looked into”, and that adjudicators should “not get bogged down or involved in the detailed specifications and claims made by the parties”.

The court also held that “if the infringing goods are made with the same object in view which is attained by the patented article, then a minor variation does not mean that there is no piracy. A person is guilty of infringement, if he makes what is in substance the equivalent of the patented article.”

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Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.

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709/710 Tolstoy House, 15-17 Tolstoy Marg

New Delhi – 110 001

India

Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

www.lexorbis.com

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