Multiplicity Of Proceedings In Patent Disputes

Introduction

Patent disputes in India often involve multiple proceedings in different jurisdictions. The same patent may form the subject matter of opposition proceedings before the Controller, revocation proceedings before the Intellectual Property Appellate Board ("IPAB"), patent infringement suit filed by the patent holder in a district court and a counter claim filed by the defendant before the High Court, seeking revocation of the patent. In patent disputes, the stakeholders are usually large corporate with deep pockets who exploit the statutory provisions and deliberately launch multiple proceedings, wasting the precious time of the already overburdened legal system. In a welcome development, the Supreme Court of India has rationalized the procedure for revocation of patents in India by delivering a judgement that bars opponents from challenging the validity of patents before multiple forums simultaneously. It has held in the case Dr. Alloys Wobben and Another