Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.

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Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

The Himachal Pradesh High Court has granted Boehringer Ingelheim an interim injunction against Eris Lifesciences, preventing the manufacture and sale of Empagliflozin during the suit. The case provides insights into the judicial approach towards pharmaceutical patent disputes in India.

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Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

The Delhi High Court has ruled that product by process patent claims are to be treated as product claims, not process claims, for both patentability and infringement analysis. This judgment clarifies the legal position and ensures consistent standards for evaluating pharmaceutical and other complex inventions in India.

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Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

The article analyses Section 3(d) of India’s Patents Act and its controversial role in pharmaceutical patents post-Novartis. It examines its origins, connection to EU SPCs, and the focus on preventing evergreening by emphasising enhanced efficacy.

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Revisiting Supplementary Protection Certificates of the European Union

The article examines the structure and implications of supplementary protection certificates in the European Union. It reviews their regulatory evolution, procedural requirements, and influence on pharmaceutical market exclusivity, while also considering comparative perspectives from India.

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