Monday, 9 June 2014

SC Clarifies Law On Patent Revocation Procedure

The Supreme Court, in a judgment dated 2nd June, 2014, clarified the procedure relating to revocation of patents. As per Section 64 of the Patents Act, a patent can be revoked by way of revocation petition before the Intellectual Property Appellate Board (IPAB) or by way of a counter claim in a suit for infringement before the High Court. The SC held that only one of the two remedies available under Sec 64 of the Act can be availed so as to assail the grant of patent in India. This alert by Khaitan & Co. summarizes the ruling and its impact.

http://thefirm.moneycontrol.com/story_page.php?autono=1101631

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