JCB loses excavation machine patent on challenge made by Chinese firm

The patent was granted for an invention providing JCB machines an advantage during movement and loading

The Indian Patent Office has revoked a patent of earth-moving equipment manufacturer UK-based JC Bamford Excavators Ltd (JCB) for an excavating and loading machine on a challenge by Chinese manufacturer GuangXi Liugong Machinery. The Patent Office also imposed a cost of Rs 10,000 on both parties for not keeping it informed regarding a suit filed in the Delhi High Court for infringement of patent.

The Chinese firm filed a post-grant opposition in 2013 alleging that the patent lacked novelty under various sections of the Patents Act. JCB failed to disclose to the controller information required under Section 8 of the Act,