In an interesting development, on April 9,
2018, the Controller of Patents, Patent Office, Delhi revoked a
patent (IN251037) owned by J.C. Bamford Excavators Ltd.
("JCB") on the ground of non-compliance of Section 8(1)
of the Patents Act, 1970 (as amended) even though he acknowledged
the novelty and inventive step of the claimed invention following a
post-grant opposition filed by Guangxi Liugong Machinery Co. Ltd.
("Guanxi"). This case is worth tracking as it has
witnessed a number of unusual developments so far.
Factual matrix
The subject patent was granted to JCB on February 17, 2012, in
respect of an invention titled "Excavating and Loading
Machine".
On February 22, 2013, Guangxi filed a post-grant opposition to
said patent within the prescribed time limit taking various
grounds, inter alia,:
