Landmark Pharma Patent Jurisprudence in India

Abstract

In a short span of less than 10 years after the new WTO/TRIPS based product patent regime came into effect, there have been many landmark judgments from Indian Courts on interpretation of various provisions of the exhaustive (Indian) Patents Act, 1970, as amended. Even though very large number of product patents have been granted during this period, patent challenges and infringement suits are limited to a few blockbuster molecules. Currently, litigations are in progress, including those in appeals as well as on matters remanded back to patent office. The landmark cases, in recent times, are dealt with, herein. Additional areas which may require judicial intervention arising out of the ambiguities in the Act and Rules are also briefly dealt with.