I have gone through the tvs-bajaj judgment recently. I found one thing interesting in the judgment that there is not even a paragraph on “how the infringement of patent is determined”? Is this a judgment u expect in the patent infringement case? I don’t know.
I do not agree with interpretation of claims done by court and argued by Bajaj. Isn’t the argument of bajaj that the invention is for twin spark plugs in small bore engine for efficient burning of lean air-fuel mixture goes against section 10 (4) (c) of the patents act? According to me the scope of the patent is determined by the claims i.e. each and every element of the claim is the limitation of the patent and scope is not determined by the mere statements of the Patentee.
Any comments
I do not agree with interpretation of claims done by court and argued by Bajaj. Isn’t the argument of bajaj that the invention is for twin spark plugs in small bore engine for efficient burning of lean air-fuel mixture goes against section 10 (4) (c) of the patents act? According to me the scope of the patent is determined by the claims i.e. each and every element of the claim is the limitation of the patent and scope is not determined by the mere statements of the Patentee.
Any comments
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