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.
Read more about Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 DefenceTag: Patent Revocation
Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court
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.
Read more about Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High CourtMadras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.
Read more about Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & PharmaceuticalsSufficiency of Disclosure – Ericsson vs Lava – Part X
The Delhi High Court’s decision in Ericsson vs Lava addresses sufficiency of disclosure under the Patents Act. The Court found Ericsson’s patents to be sufficiently disclosed, rejecting Lava’s revocation claims.
Read more about Sufficiency of Disclosure – Ericsson vs Lava – Part XJustice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and Appeals
Justice Pratibha Singh has clarified the jurisdiction of High Courts regarding patent appeals, revocations, and writ petitions. Her judgment in Dr. Reddys Laboratories Limited vs. The Controller of Patents & Ors. provides structured guidance on the appropriate forums for each type of patent proceeding under Indian law.
Read more about Justice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and AppealsVitiation of IPAB and Beyond – Changes to the Indian Patents Act
The abolition of the IPAB has shifted appellate and adjudicatory functions under the Indian Patents Act to the High Courts. This post analyses the significant legal changes, outlining the expanded role of Indian High Courts in patent matters after the Tribunals Reforms Ordinance 2021.
Read more about Vitiation of IPAB and Beyond – Changes to the Indian Patents ActForeign Filing Intimation to Indian Patent Office
This post examines the obligation for Indian patent applicants to disclose foreign filings under section 8 of the Patents Act, 1970. It analyses recent case law and stresses the importance of timely compliance to avoid patent revocation.
Read more about Foreign Filing Intimation to Indian Patent OfficeThe Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPAB
The Chemtura case highlights IPAB’s approach to inventive step and patent revocation in contrast with the US BPAI’s grant. The decision underscores the significance of precise drafting and timely disclosure under Indian patent law.
Read more about The Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPABCrossing the Rubicon: A Fork in the Road – Go Right or Left?
The Supreme Court has clarified that parties cannot pursue both revocation and counter claim remedies simultaneously for the same patent under Indian law. This decision aims to prevent multiple proceedings on identical issues before different forums.
Read more about Crossing the Rubicon: A Fork in the Road – Go Right or Left?Keeping Secrets from the Patent Office? Think Again!
Section 8 of the Indian Patents Act mandates full disclosure of foreign patent filings by applicants. Failing to comply may result in opposition or patent revocation. This post provides a comparative legal analysis and discusses the consequences of non-disclosure.
Read more about Keeping Secrets from the Patent Office? Think Again!