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Evergreening or layering of patent protect is impermissible under Indian Patent Law
Case Law Details
- Case Name
- Boehringer Ingelheim Pharma Gmbh & Co. Kg Vs Vee Excel Drugs And Pharmaceuticals Private Ltd. & Ors. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 29/03/2023
- Courts
- All High Courts, Delhi High Court
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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, ...
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