Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

Recently in 2018, the Himachal Pradesh High Court passed a judgement revoking a patent granted for a device used for manually hauling of agricultural produce. The judgement has been a landmark for subjects involving both infringements as well as revocation of patents.

Facts of the Case

The plaintiffs filed a suit against the defendants for infringing their patent no .195917, on, 11.07.2005. The patent was a device which allowed the manual hauling of agricultural produce. It was granted a patent for its specifications as well as design. The inventor of the device was Mr.Dhanpat Seth. The defendants, Nilkamal Plastic Ltd. are manufacturers of various plastic products and supplied its products in various states across India. The defendant started manufacturing and selling a device which was similar to the plaintiffs patent and hence this suit.