8 Jul 2020
1. Sungei Kahang Palm Oil Sdn Bhd 2. Profina Teknik Sdn Bhd YKL Engineering Sdn Bhd
- Citation
- J-02(NCVC)(W)-1988-10/2016 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- J-02(NCVC)(W)-1988-10/2016 (Mahkamah Rayuan)
The Court held the patent was invalid for lack of novelty and, alternatively, for obviousness because the respondent's purported invention had been previously disclosed and used (prototype at Keck Seng, Kim Loong drawings and Desa Kim Loong machine and industry publications) prior to the priority date; the prototype was not shown to be confidential or subject to enforceable restrictions and therefore formed part of the prior art; the dependent claims likewise lacked novelty/ inventive step; consequently patent and copyright claims failed and the appellants' counterclaim (declarations of inval…