Indian Patent Act

Decoding Delhi High Court’s Ruling: The inter-relationship of injunctive relief and patent validity challenges

The Delhi High Court decided an important case on patent law in Novo Nordisk A/S v. Dr. Reddy’s Laboratories Ltd. The dispute involved Semaglutide, a widely used drug for diabetes and obesity. It addressed an important issue: can a patentee/ Plaintiff obtain an injunction if the Defendant, with knowledge of the Plaintiff’s patent rights, proceeds with production/ manufacturing of the patented drug,without first initiating revocation or non-infringement proceedings. Notably, the Delhi High Court declined to release the Defendant from its undertaking of not selling the patented drug in India as it had begun manufacturing/ production without “clearing the way”, despite being fully aware of the suit patent. The Court, however, allowed the Defendant to export to jurisdictions where the Plaintiff holds no patent rights. The judgment serves as an important precedent in determining the inter-relationship between injunctive relief and patent validity challenges.Continue Reading Decoding Delhi High Court’s Ruling: The inter-relationship of injunctive relief and patent validity challenges

Background

In Mahesh Gupta v Assistant Controller of Patents and Designs, the Delhi High Court affirmed the refusal order issued by Assistant Controller of Patents and Designs (“Respondent”) against a patent application filed for “Portable Vehicle Management System”(“Subject Patent”). The Respondent refused the patent application on the grounds that it did not meet the inventive step requirement under Section 2(1)(ja) of the Indian Patent Act, 1970, and failed to qualify as an invention under Section 2(1)(j) of the Act.Continue Reading Portable Vehicle Management System Denied Patent