Law & IPR : Controversial Decision Examines Interesting Legal Issues on Intellectual Property Rights
In a recent finding in Mold Tek Packaging Ltd v. Pronton Plast Pack Pvt Ltd [2025] GCtR 1608 (Delhi) it is held that "what is prohibited, by Section 48 of the Patents Act, 1970, is the making, using, offering for sale, selling or importing of the product which forms “subject matter of” the patents held by another. In order to ascertain whether this right has been breached, therefore, the Court has to first ascertain the subject matter of the suit patent."
"This subject matter is to be found in the complete specifications of the suit patent. In other words, the Court as to compare the goods of the defendant with the subject matter of the suit patent, as is contained in the complete specifications of the suit patent, in order to ascertain whether infringement has taken place. The comparison has, therefore, to be product-to-patent, and not product-to product. "
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