invalidity defence | Intellepedia

Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 Defence

Hand wearing a blue glove holding a small vial beside torn paper with the words “How to Survive,” symbolizing the Patent revocation case as decided by the Delhi High Court between Boehringer Ingelheim v. Controller

In the case of Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents & Anr., the Delhi High Court addressed two important questions under the Patents Act: whether a revocation petition survives patent expiry, and whether it can continue after a Section 107 invalidity defence is raised in an infringement suit. The dispute arose from parallel revocation and infringement proceedings relating to Patent IN 243301 covering Linagliptin. The court held that revocation under Section 64 remains maintainable despite patent expiry and is not barred by a Section 107 defence.

Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court

Gavel, law books, and justice scale beside the text "Revocation Is Distinct from Invalidity Defence and Survives Patent Expiry, Rules Delhi High Court" on a dark blue background.

The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.