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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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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