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DELHI HIGH COURT
PRATHIBA M.SINGH
Dr. Reddys Laboratories Limited – Appellant
Versus
Controller of Patents – Respondent
| Table of Content |
|---|
| 1. limitations in filing revocation petitions (Para 4 , 5 , 6) |
| 2. conditions for filing revocation under section 64 (Para 7 , 8 , 9 , 10) |
| 3. absence of limitation period for revocation (Para 11 , 12 , 13) |
| 4. rejection of implication of limitation act on revocation (Para 14 , 16) |
| 5. dismissal of current revocation application (Para 18 , 19 , 20) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
I.A. 5674/2022 in C.O.(COMM.IPD-PAT) 3/2021
2. This is an application by the Petitioners seeking to place on record affidavits of the expert, Dr. Jeffrey A. Stafford. The said affidavits, annexed to the present application, are taken on record, subject to any objections of the Petitioners, who may wish to controvert the same by way of their own affidavits, if required.
3. Accordingly, I.A. 5674/2022 is disposed of.
I.A. 3419/2022 in C.O.(COMM.IPD-PAT) 3/2021
4. This is an application seeking dismissal of the present revocation petition on the ground that it is barred by limitation. The patent in this case of which revocation is sought is Indian Patent 268846 (hereinafter "IN'846") titled `Glucopyranosyl-substituted Benzenol derivatives, dr
There is no limitation period for filing a patent revocation petition under Section 64 of the Patents Act, enabling any interested person to challenge a patent anytime during its life.
No specific limitation period prescribed for seeking revocation under Section 64 of the Patents Act.
No specific limitation period prescribed for seeking revocation under Section 64 of the Patents Act.
The validity of a patent cannot be challenged without adequate pleadings and evidence supporting claims of invalidity; insufficient disclosures must be substantiated by facts.
The court clarified the jurisdiction for filing revocation petitions, the power of consolidation and transfer of proceedings between High Courts, and the maintainability of revocation petitions befor....
The main legal point established in the judgment is that the period of limitation for filing an application to set aside an ex-parte order before the Tribunal shall be 30 days, and there would be no ....
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