As Butachlor was well known and the process of emulsification was well known based on publication and knowledge in the field, the Court stated that there was no novelty in the process of emulsification or the emulsion as claimed by Monsanto. In the light of its analysis, the Court held that the patented invention was liable to be revoked.
Monsanto Company held a patent relating to a herbicide commonly called as ‘Butachlor’ and its emulsion and filed a patent infringement suit against the Respondent, Coramandal Indag Products (Private Limited. In response, the Respondent claimed that the invention claimed in the patent was not novel or inventive and therefore is liable to be revoked. After reviewing the facts, the Court stated that the formula and use of Butachlor was published in the report of the International Rice Research Institute for the year 1968. It then pointed out that a person skilled in the art was before the date of patent aware of the use of Butachlor for destroying weeds without affecting rice.BananaIP is one of the best new age IP firms. Follow us on