Grant Of Patents Does Not Guarantee Validity

The Patent Act, 1970 warrants that a patent shall be granted as expeditiously as possible provided the application for a patent has been found to be in order for grant. But the moot question is whether the grant of patent attaches any presumption in favour of validity of patent. Section 13 (4) of the Patents Act, 1970 expressly provides that the examination and investigation conducted under the Act, shall not in any way deemed to warrant the validity of the Patents. An interesting question that was addressed in Bilcare Ltd. v. Supreme Industries Ltd 2007 (34) PTC 444(Del.) is whether there is any presumption in favour of the validity of the patent for grant of temporary injunction in favour of patentee.