Facts:

• Biswanath Prasad Radhey Shyam, was a firm engaged in the business of manufacturing utensils at Mirzapur.
• Hindustan Metal Industries, was a firm manufacturing utensils at Mirzapur. One of the partners of the Respondent firm claimed to have invented a device and method for manufacturing utensils, which was patented under the Indian Patent and Designs Act, 1911.
• The Respondent filed a suit for permanent injunction against the Appellant, alleging infringement of its patented method for manufacturing utensils.
• The Appellant resisted the suit, filed a counter-claim, and a separate petition for revocation of the patent, contending that the invention was not new or inventive.
• Both the suit and the counter-claim were transferred to the High Court under Section 29 (Proviso) of the Indian Patent and Designs Act, 1911, and were consolidated and tried together by a Single Judge.
• The Single Judge dismissed the Respondent's suit but allowed the petition for revocation of the patent, revoking the patent issued to the Respondent.
• The Respondent appealed to a Division Bench of the High Court, which allowed the appeals, set aside the judgment of the Single Judge, and decreed the Respondent's suit with costs. Hence, the present appeal was filed.

Background/Procedural History:

A Single Judge of the Allahabad District Court dismissed the suit for injunction and allowed the petition to revoke the patent, issued to the Respondent. In the appeal to the Division Bench of the Allahabad High Court, the judgement of the Single Judge was reversed and set aside the decree. Hence, the Appellant approached the Hon’ble Supreme Court.

Main Issue:

Whether the invention involved any inventive step, having regard to what was known or used prior to the date of the patent?