Patents Act, 1970 and The Legal Principles

 Patents Act, 1970 and The Legal Principles

KUDOS PHARMACEUTICALS LIMITED & ORS. v NATCO PHARMA LIMITED [2024] GCtR 719 (Delhi)

Section 64(1)(a) of Patents Act, 1970 is clear and categorical in the words it uses. It states that the invention, so far as claimed in the suit patent, has to have been claimed in a valid claim of earlier priority date for the suit patent to be regarded as vulnerable to invalidity on the ground of anticipation by prior claiming. There has, therefore, to be identity of claims. The claim asserted in the suit patent, must have been claimed in a complete specification relating to a patent of earlier priority date. Then, and only then, can a plea of invalidity on the ground of anticipation by prior claiming be successfully laid.