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.
