In an interesting development, on April 9, 2018, the Controller of Patents, Patent Office, Delhi revoked a patent (IN251037) owned by J.C. Bamford Excavators Ltd. (“JCB”) on the ground of non-compliance of Section 8(1) of the Patents Act, 1970 (as amended) even though he acknowledged the novelty and inventive step of the claimed invention following a post-grant opposition filed by Guangxi Liugong Machinery Co. Ltd. (“Guanxi”). This case is worth tracking as it has witnessed a number of unusual developments so far.
Mr. DPS Parmar deals with Section 8 compliance issues in his article for the Patent Lawyer, which can be viewed at:
http://origin.misc.pagesuite.com/pdfdownload/8f7cf846-8892-4c35-ae58-970732b86fd8.pdf