The Test Of Efficacy In Patent Law

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Siddhant Saroha
Published On: 28/02/2022
Volume: 8
Issue: 1
First Page: 373
Last Page: 376
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Siddhant Saroha, The Test Of Efficacy In Patent Law, Volume 8 Issue 1, Journal of Legal Studies & Research, 373-376, Published on 28/02/2022, Available at


The purpose behind patent law is that a patent must be granted to an applicant when the invention of some product is useful and new. Further, the product must have utility and novelty. The object and purpose behind a patent are to encourage industrial progress, scientific, technological research etc. For a patent to be valid, the product must be the discovery of the inventor and should not be corroboration of something that was already in existence before date of the patent.[i] A patent confers the right to the patentee to exclude others from making, importing, using, selling the invention etc. during its term.[ii]

[i] Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries, (1979) 2 SCC 511).

[ii] F. Hoffmann-La Roche Ltd. vs Cipla Limited, 148 (2008) DLT 598.

Keywords: Patent Law, Section 3(d), The Patent Act, 1970, Test of Efficacy

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