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Law Dictionary Home Dictionary Definition invention

Invention, 'invention' means any manner of new manufacture and includes an improvement and an allied invention'. [s. 2(8) of 1911 Act.] It is to be noted that unlike the Patents Act, 1970, the Act of 1911 does not specify the requirement of being useful in the definition of 'invention'. But Courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful. The foundation for this judicial interpretation is to be found in the fact that s. 26(1)(f) of the 1911 Act recognises lack of utility as one of the grounds on which a patent can be revoked, M/s. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, AIR 1982 SC 1444: (1979) 2 SCC 511. Means a new produan inven-tive step and capable of industrial application. [Patents Act, 1970 (39 of 1970), s. 2 (1) (j)]

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