Section 104A Patents Act Can Be Invoked Early in Suit: Delhi High Court

The Delhi High Court held that Section 104A of the Patents Act, 1970, can be invoked at the initial stage of a suit when a patentee seeks disclosure of the defendant’s process.

The Court ruled this applies if the plaintiff shows the product is identical to the patented one and that discovering the defendant’s process is difficult.

Rejecting Roche’s argument that Section 104A doesn’t apply to biologics or early-stage suits, the Court cited statutory interpretation and regulatory guidelines, concluding that the disclosure request falls within scope. The plaintiff’s application was dismissed.

[F- Hoffmann -La Roche Ag & Anr. v. Zydus Lifesciences Limited]