AIR 1936 BOMBAY 99

Bombay High Court

Hon'ble Judge(s): B. J. Wadia , J

*(A) Patent - Infringement of - Mixed question of law and fact - Counterfeiting or imitation must be proved - Particulars of breach of patent rights should be stated - Patent can be infringed by taking part of invention - Relative importance of part of invention should be considered. The question of infringement of a patent is a mixed question of law and fact. A patent may be infringed in several ways, one of which is by using the invention or any colourable imitation thereof in the manufacture of articles or by putting the invention in practice in any other way. The plaintiff therefore has got to prove that his process has been counterfeited or imitated by the defendants. It is necessary for him to give the particulars of the breaches constituting the alleged infringement of his rights:(Para 100C2 101C1) A patent may sometimes be infringed by taking a part only of the invention, but that depends on whether the part for which protection is asked is a new and material part especially in the case of a combination. If it is not new and material, the Court must consider what is the substance of the invention, and to do so it has to consider the relative importance of all the parts of the invention.(Para 114C1) *(B) Patent - Invention, ....