21 December 2018

Patent in eco-friendly efficient vehicle – Absence of novelty

The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.

The High Court in this regard in the case Jasper Motors v. Basantee Battery Operated Rickshaw observed that the invention related to the term ‘Efficient’ cannot be claimed, as influence of operating parameters on generated output was not analysed. It was also noted that the existing systems were already eco-friendly.

The Court in this regard also noted that the claims did not show any degree of improvement compared to the existing system, and that it was incumbent on the plaintiffs to apply any other existing battery on an eco-friendly mounted vehicle and then to compare its performance with the system.

Observing that the cathode, anode and the Teflon masks used in the fuel cells were already in use, the Court observed that the invention as claimed was not significantly different from the existing system as was also evident from the literature disclosed by the applicant.

It noted that patent law deals with the concept of functional and design inventions in order to encourage investment in new technology and invention.


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