Delhi High Court Flags Gap in Patents Act, Urges Legislature to Define ‘Infringement’

The Delhi High Court has pointed out a key gap in the Patents Act, 1970; there’s no clear definition of what constitutes patent infringement.

A bench noted that, unlike the Trade Marks, Copyright, and Designs Acts, the Patents Act is 'peculiarly' silent on this aspect.

The Court called this a legislative lacuna and suggested that Parliament fix it for clarity. For now, infringement is assessed by comparing the defendant’s product with the complete specifications of the suit patent.

The Court also detailed how Section 107 allows a credible challenge to patent validity as a defence.

(Mold Tek Packaging Limited v. Pronton Plast Pack Pvt. Ltd.)