The Suit Patent has been a topic of controversy in the technology world for
some time now. It is a patent that describes a configuration for enhancing
subscriber capacity in a cellular wireless communication system. The patent
specifically relates to a split-sector antenna that emits at least one
asymmetrical beam in a specific configuration.
One of the main arguments surrounding the Suit Patent has been whether or not it
is for an antenna emitting asymmetrical beams. The patent is for a split-sector
antenna emitting at least one asymmetrical beam in a configuration as specified,
which enhances subscriber capacity. This distinction is essential, as it
highlights the specific nature of the patent and its intended scope.
The next question that arises is whether or not the prior art has disclosed an
antenna with the given configuration that enhances subscriber capacity in a
cellular wireless communication system. This issue is critical, as it speaks to
the novelty and non-obviousness of the Suit Patent.
In this Judgement, the Hon'ble High Court of Delhi has also thrown some light as
to how the provisions of Section 3 (d) of the Patent Act has to be evaluated,
besides other issues. Here is the brief discussion on the subject matter Appeal
involved.
The subject matter Appeal were allowed against the judgment dated 12.07.2019
passed by the Hon'ble Single Judge in the applications filed by the respondent
(plaintiff in the suit) under Order XXXIX Rules 1 and 2 of the Code of Civil
Procedure, 1908.
The Subject Matter Indian Patent: In 240893 Titled As Asymmetric Beam Pattern:
The Plaintiff asserted right in the new kind of Antenna bearing Asymmetric Beam
Pattern. The Plaintiff asserted that the subject matter Patent has efficacy over
the prior art antenna having symmetrical Beam Pattern as this technology removes
the problem faced by the prior art of call dropping.
The Hon'ble High Court of Delhi hold jurisdiction of Hon'ble Court to entertain
the suit as jurisdiction was held to be a disputed fact, which could have been
decided at the trial stage.
Neither of any prior art shows any teaching encouraging the person known in the
art to defeat the Patentability of subject matter invention.
The Relevant Observation Of The Hon'ble Hiigh Court Of Delhi While Dismissing
The Appeal And Retaining The Injunction In Favour Of The Plaintiff Is As Under:
- The suit is not for an antenna emitting asymmetrical beams; it is a
split-sector antenna emitting at least one asymmetrical beam in a
configuration as specified, which enhances the subscriber capacity.
- Thus, the necessary question to be addressed is not whether an antenna
emitting asymmetrical beams was disclosed by prior art; it is whether an
antenna with the given configuration, which enhances subscriber capacity in
a cellular wireless communication system, was disclosed by the prior art.
- Mere discovery of a new use of a known process of a product would not be
patentable under Section 3(d) of the Patents Act.
- However, a known product, which is specifically modified and configured
to provide a specified result of an economic value, would be considered to
be patentable as it would be a new product.
- The Suit Patent is in respect of a method that describes a configuration
for enhancing the subscriber capacity by using asymmetrical sub-sector
coverage area.
- Claim no.10 is in respect of a product that is so configured to emit
beams of the characteristics as described above.
- It is obvious that the beams are not uncontrolled beams but are
controlled to achieve the desired purpose. A product of the given
description would, prima facie,be patentable.
- The fact that a patent has been granted in some countries and revoked in
another, underscores the point that the question whether the Suit Patent is
liable to be revoked, is required to be considered by the Court
independently.
- For evaluating the Patentability under Section (1) (a) and 64 (1) (h),
not only the claims , but also whole specification has to be seen.
- As there was no apparent perversity in the Judgment assailed, Plaintiff
was held to be rightly entitled for injunction.
The Concluding Note:
The relevant issue is whether or not the prior art has disclosed an antenna with
the given configuration that enhances subscriber capacity. This matter is of
utmost importance, as it will determine the patentability of the Suit Patent
under Indian Patent Law.
It is also essential to understand the criteria for patentability under Indian
Patent Law. Section 3(d) of the Patents Act clarifies that the mere discovery of
a new use of a known process or product would not be patentable. However, a
known product that is specifically modified and configured to provide an
economic value would be considered patentable as a new product.
In light of this information, it is evident that the Suit Patent would be
patentable under Section 3(d) of the Patents Act. The Suit Patent is in respect
of a method that describes a configuration for enhancing subscriber capacity by
using asymmetrical sub-sector coverage area. Claim no.10 is in respect of a
product that is so configured to emit beams of the characteristics as described
above.
It is also worth noting that the beams emitted by the product described in the
Suit Patent are not uncontrolled beams. They are controlled to achieve the
desired purpose of boosting subscriber capacity, making the product prima facie
patentable.
It is important to remember that when evaluating the patentability under Section
(1) (a) and 64 (1) (h), not only the claims but the whole specification should
be considered. This broader view of the patent information will ensure a more
comprehensive understanding of its intended scope and potential feasibility.
The Suit Patent is not for an antenna emitting asymmetrical beams but for a
split-sector antenna that emits at least one asymmetrical beam in a specific
configuration to enhance subscriber capacity.
The issue of patentability is not whether prior art has disclosed an antenna
emitting asymmetrical beams but whether prior art has disclosed an antenna with
the given configuration to enhance subscriber capacity. The Suit Patent meets
the criteria for patentability under Indian Patent Law. Hence in the Appeal, the
Plaintiff was righty held to have been granting the injunction.
The Case Law Discussed:
Case Title: ACE Technologies Corp Vs Communication Components Antenna
Date of Judgement:10.04.2023
Case No. FAO(OS) (COMM) 186 of 2019
Neutral Citation No.2023:DHC:2479-DB
Name of Court: Hon'ble High Court of Delhi
Name of Hon'ble Judges: Vibhu Bakhru and Amit Mahajan
Disclaimer:
I do not guarantee the correctness and/or genuineness of thoughts/idea/ and
information shared herein as it is subject to my subjectivity and may contain
human errors in perception and presentation.
Written By: Ajay Amitabh Suman, IP Adjutor, Patent and Trade Mark
Attorney - Hon'ble High Court of Delhi
Ph no:9990389539, Email:
[email protected]
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