- Case number
- COMM.IPD-PAT) 60/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Mini Pushkarna
- Outcome
- Remanded
Headnote
Refusal of a vertical rotary parking system application set aside and remanded. The judgment is useful on post-filing evidence of unexpected results: where there is already support in the specification showing that the inventor contemplated the unexpected result at the time of filing, it is not improper to supplement that with evidence obtained later, since understanding of the full range of an invention is not always achieved when the application is filed. The Court also held that reliance on Bishwanath Prasad was misplaced, that case having turned on a finding that the patented machine was neither a new manufacture nor a novel improvement and had been publicly known and used before the patent, circumstances absent here.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.