Onus to prove invalidity of patent lies on infringer: Delhi High Court

Single-judge Justice C Hari Shankar said that revocation of a patent is a drastic act, and a patent once granted cannot be treated as easily vulnerable to revocation.
Justice C Hari Shankar
Justice C Hari Shankar

The Delhi High Court recently observed that when an infringer seeks to defend patent infringement on the ground that the patent is invalid, the onus to prove the invalidity lies heavily on them and this standard has to be met when applying the principle of “credibility” [Novartis AG and Anr v Natco Pharma Limited].

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