Patent Revocation Through Counterclaims: Trends And Practices In India

We at Khurana & Khurana, have received numerous queries regarding the filing of counterclaims to evoke revocation of patents in India. To address the same, Utkarsh Mishra & Abhijeet, our interns have analyzed a few exemplary judgments to make the trend and the position clear with respect to such revocations. It is pertinent to mention here that all the grounds available to challenge the validity of the patent are available as defense against an infringement action. For this reason, it's observed that a Defendant alleged to be infringing on a Plaintiff's patent, usually resorts to the grounds mentioned under section 64 to revoke the plaintiff's patent. It should also be noted that section 64 does not restrict grounds to be used in revocation to only those provided in section 64, but also considers the grounds for post-grant opposition as mentioned in section 25(2). The table below discusses a few exemplary cases in which revocation was pleaded by way of counter-claim or