Atul Narsibhai Patel Vs Assistant Controller Of Patents & Desings

Whether in order to destroy the novelty of a design registration, prior disclosure whether by publication or use or any other way, must be of the pattern, shape and/or configuration applied to the same article - YES: HC

Whether a design which is published anywhere is still registrable -YES : HC

Whether the design published by the registering authority amounts to prior publication and defeats the novelty in the design - NO : HC

Whether it is novelty in application of designs which matters under the Designs Act-YES : HC

Appeal dismissed: CALCUTTA HIGH COURT