Case brief response to the Monsanto Co. vs. Coramandal Indag Products case.
Facts of the Case:
The Monsanto Company held a patent relating to a herbicide known as "Butachlor" and its emulsion. Monsanto was the patentee of the inventions sold under the Brand name "Phytotocix Compositions" and "Grass Selective Herbicide Compositions". Monsanto found that the defendant was marketing Butachlor covered by the patents. The defendant claimed that the invention was not novel or inventive and so the patent should be revoked. The court observed that the formula and the use of Butachlor was published in the repot of International Rice Research Institute for the year 1968.
Should a product that was known to the skilled persons before the date of patent be granted protection by the law?
Can a product whose description ...
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