In an important patent law ruling, Delhi High Court held that once a patent has been revoked by an authority and no stay has been granted by the appellate authority, the said revoked patent is not enforceable even though it remains on the Register.
The Court said “Patent, in Section 2(1)(m) of the Patent Act, is defined as meaning a patent for any invention ‘granted’ under the Act and not as ‘entered’ on the Register. Thus it is the ‘grant’ and ‘revocation’ thereof which confers rights and not the ‘entry’ in the Register.”
In the present case, a drug patent has been revoked by the Patent Office and Intellectual property Appellate Board (appellate authority) kept the revocation in abeyance but did not grant any stay on the revocation. The drug manufacturers had an ex parte injunction in their favor against the defendants on the basis of the (revoked) patent, and the latter now seeks vacation of the ex parte injunction.
“The plaintiffs are entitled to continuance of the interim injunction only against the infringement of the patent and once the patent has been revoked, the interim stay in this suit cannot be continued”, the Court said.