Provision relating to revocation of patent under the Patent Act, 1970 interpreted

Supreme Court: While interpreting the Section 64 of the Patents Act, 1970 (Act) as to whether both the remedies for revocation of patents provided in Section 64 of the Act can be availed simultaneously for the same purpose, the bench of A.K. Patnaik and Jagdish Singh Khehar, JJ held that that even though more than one remedies are available in Section 64 of the Act, the word or used therein separating the different remedies provided therein, would disentitle them, to avail of both the remedies, for the same purpose, simultaneously. If a revocation petition is filed by any person interested in exercise of the liberty vested in him under Section 64(1); of the Act, prior to the institution of an infringement suit against him, he would be disentitled in law from seeking the revocation of the patent (on the basis whereof an infringement suit has been filed against him) through a counter-claim. Dr. Aloys Wobben v. Yogesh Mehra, Civil Appeal No. 6718 Of 2013, decided on June 2, 2014

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Provision relating to revocation of patent under the Patent Act, 1970 interpreted

Supreme Court: While interpreting the Section 64 of the Patents Act, 1970 (Act) as to whether both the remedies for revocation of patents provided in Section 64 of the Act can be availed simultaneously for the same purpose, the bench of A.K. Patnaik and Jagdish Singh Khehar, JJ held that that even though more than one remedies are available in Section 64 of the Act, the word or used therein separating the different remedies provided therein, would disentitle them, to avail of both the remedies, for the same purpose, simultaneously. If a revocation petition is filed by any person interested in exercise of the liberty vested in him under Section 64(1); of the Act, prior to the institution of an infringement suit against him, he would be disentitled in law from seeking the revocation of the patent (on the basis whereof an infringement suit has been filed against him) through a counter-claim. Dr. Aloys Wobben v. Yogesh Mehra, Civil Appeal No. 6718 Of 2013, decided on June 2, 2014

To read the full judgment, click here

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