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Abstract
Under the Indian Patent Act a patent is available on an invention that is new, useful and is not obvious to the person skilled in the art. The invention, a product or a process, must satisfy the test of constituting an inventive step, which means the improvement must produce a new result or a new or better article. In the case Strix Limited vs Maharaja Appliances Limited, which recently came up before the Delhi High Court, the technology in use was claimed to be a part of the public domain. Strix was held entitled to enforcement and protection of its patent from other manufacturers, sellers and importers. Accordingly, the court allowed an interim injunction restraining the defendant, its agents, servants and all others working for it from manufacturing and/or marketing the electric kettle or otherwise infringing in any manner on the Strix's patent.