Revocation Petition Can be Filed or Sustained After Expiry Of Term of Patent: Delhi HC

The Delhi High Court ruled that a revocation petition can be filed or sustained even after the expiry of a patent’s term.

The court observed that just because a patent has expired does not make the petition infructuous, as the cause of action still exists.

The case involved Macleods Pharmaceuticals, which sought to revoke a patent for the anti-diabetic drug LINAGLIPTIN owned by Boehringer Ingelheim.

Boehringer argued that the petition should be dismissed as the patent had expired.

However, the court held that the petition was maintainable, as the revocation petition could be filed independently or as a counterclaim in an infringement suit.

The court dismissed Boehringer’s applications, allowing Macleods to pursue the revocation.