Friday, October 17, 2025

Patents Act, 1970 and Application of S.104A

As the language of Section 104A of the Patents Act, 1970 itself suggests, the section comes into play only in respect of the process patent infringement suits. Where in suits, the patents had already expired and hence, have not been asserted in the suits;  therefore, Section 104A of the Patents Act has no relevance for the purposes of such suit. - F HOFFMANN-LA ROCHE LTD v DRUGS CONTROLLER GENERAL OF INDIA [2025] GCtR 1617 (Delhi)

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