Case Law Details
Boehringer Ingelheim Pharma Gmbh & Co. Kg Vs Vee Excel Drugs And Pharmaceuticals Private Ltd. & Ors. (Delhi High Court)
Delhi High Court held that filing of multiple patent claims in respect of the same invention amounts to evergreening or layering of patent protection, which is impermissible under the Indian Patent Law.
Facts- The present six suits have been filed on behalf of the plaintiff no.1, Boehringer Ingelheim Pharma Gmbh And Co. Kg and its group company, plaintiff no.2, Boehringer Ingelheim (India) Pvt. Ltd, against various defendants, who are Indian Pharmaceutical Companies, seeking permanent injunction restraining the defendants from infringing Indian Patent No. IN 243301 titled ―8 – (3 AMINOPIPERIDIN–1–YL)-XANTHINE COMPOUNDS‖. All the aforesaid six suits were accompanied by applications for grant of interim injunction under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (CPC).
Conclusion- In the present case also, the plaintiffs by filing multiple patents for different aspects of the same product are seeking to extend the term of the patent beyond twenty years, granted in respect of the genus patent, which expired on 21st February 2022. In my considered view, the action of attempting to patent both the genus and species patent would amount to evergreening or layering of patent protection, which is impermissible under the Indian Patent Law. Section 3(d) of the Patents Act has been incorporated in the statute to ensure that such action of evergreening and layering is prevented.
Held that by filing multiple patent claims in respect of the same invention, the plaintiffs have made an attempt towards evergreening the invention and re-monopolizing the same. These attempts on behalf of the patentees strike at the root of patent law in India. The aforesaid conduct of the plaintiffs defeats the rights of the manufacturers of generic drugs such as the defendant companies and is also detrimental towards the public interest.
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