Patent rights for processes do not confer exclusive rights over products derived from those processes, impacting enforcement and claims for injunction.

JUDGMENT :

KRISHNA RAO, J.

1. The petitioner is engaged in manufacturing and trading of Active Pharmaceutical Ingredients (herein after referred to as “API”) and various organic chemicals since 1988. The petitioner being API Pharmaceutical manufacturing company which researches, produces, develops and markets its own pharmaceutical products and is focused on finding new pharmaceutical solutions and delivering high quality products, driving scientific excellence through its R&D and helping the people through its exports around the world.

2. In the present day, the petitioner has innovated treatments for Iron deficiency and Iron deficiency anemia through its innovative R&D in order to help the patients around the world suffering from severe and chronic diseases to lead better and healthier life. The petitioner’s invention was granted patent being no. IN370845. The petitioner is the owner of the registered Indian Patent where FERRIC CARBOXYMALTOSE is protected under the said patent. The petitioner has also applied for a new invention which is an improved version of their mother patent, i.e. IN370845 as described with an application No. 20223302884 which is an ‘IMPROVED FERRIC CARBOXYMALTOSE WITH LESS SIDE -EFFECTS OBTAINED COST -EFFECTIVELY.’ Such patent was granted to the petitioner on 13th June, 2023 being patent No. 434424.

3. The advantages associated with the petitioner’s company inventions being IN370485 and IN434424 both of which are product by process patent and an Iron Replacement Therapy with low toxicity compared to the other therapies of the same footing. The petitioner had filed the granted specifications along with the claims of the suit patent before the Controller of Patent and after examining the same and being satisfied with the invention of the petitioner granted the said patents to the petitioner. The granted claim four of improved product by process for preparation of Ferric Carboxymaltose which has been granted to the petitioner being patent No. IN370845 is a product by process patent affirms that the petitioner has right as a patentee on a pharmaceutical composition for the treatment of iron deficiency by parental administration comprising more than 90% Ferric Carboxymaltose prepared by process as claimed in claim 1 having molecular weight of 82KDA with Iron content 34.55% and less than 10% Ferric Carboxymaltose component having molecular weight less than 10,000Da” and further the patent of addition to the said granted mother patent of the petitioner i.e. improved Ferric Carboxymaltose with less side effects obtained cost effectively which has been granted to the petitioner being patent no. IN434424 is also a product by process patent affirms that the petitioner has their right as a patentee over such granted patents.

4. The petitioner claims that the pharmaceutical composition is considered to be novel having the following characteristics:

(a) Having molecular weight of 82KDA

(b) Iron content 34.55%

(c) Less than 10% Ferric Carboxyl complex molecular weight less than 10,000 D.A.

5. The petitioner reiterates that it had undertaken extensive R&D to develop novel “FERRIC CABOXYMALTOSE” improved in terms of efficacy and yield/purity produced by a novel and a cost-effective process and it has recently received approval for manufacturing and marketing of its novel and improved efficient “FERRIC CARBOXYMALTOSE” from the Drug Control on 18th November, 2021.

6. Sometimes on or around 12th December, 2022, the petitio