Complete Guide on How to File a Patent for Your New Invention in India

The need of patents can be understood by examining the following case studies.

Are you aware of the legal battle over Generic Apixaban that occurred between Indoco Remedies Ltd. v. Bristol Myers Squibb Holdings Ireland Unlimited Co.? Let’s understand this legal battle in brief.

Indoco Remedies (‘Indoco’) is a prominent Indian pharmaceutical company. It introduced “Apixabid”, a generic product of the formulation “Apixaban” which was originally developed and patented by Bristol Myers Squibb (BMS). BMS approached Hon’ble Delhi High Court (‘Delhi HC’) seeking an ad-interim injunction against Indoco for infringing their patent.  The Delhi HC granted injunction to BMS. Through this injunction order, Indoco and other Indian pharmaceutical companies like Emcure Pharmaceuticals, Torrent Pharmaceuticals, Cipla etc. were restrained from manufacturing or selling generic versions of Apixaban. It was argued by BMS that any production or sale of Apixaban by these companies would infringe on its patent rights and cause irreparable harm to the company. Delhi HC granted injunction.

Then, Indoco filed a SLP in the Hon’ble Supreme Court (‘SC’) which challenged the Delhi HC’s injunction. The company wanted to lift the stay and proceed with the production of its generic version of Apixaban. However, the Hon’ble SC decided and favored BMS. The apex court dismissed Indoco’s petition and upheld Delhi HC’s order.

There’s another legal battle of Strix Ltd. v. Maharaja Appliances Ltd. over infringement of patent granted for Liquid Heating Vessel.

Strix Ltd. (‘Strix’) was granted patent for ‘Liquid Heating Vessel’ with temperature control. Strix had exclusive rights to manufacture and sell the technology in India for a period of 10 years. Maharaja Appliances Ltd. (‘Maharaja’) purchased these patented products from Strix. However, later on it began importing kettles installed with similar controls from a Chinese company. This led the Strix to file a suit for patent infringement against Maharaja.

Strix argued that one of the models of kettles sold by the Maharaja uses its patented sensors and therefore it has infringed on its patent by using temperature controls without authorization. However, Maharaja argued and challenged the validity of patent. It presented three prior art documents to establish that patent was invalid and hence should be revoked.

The Hon’ble Delhi High Court (‘Delhi HC’) after hearing the arguments from both the sides held that the plea of invalidity raised by Maharaja has no substance and therefore it was rejected. Further, the Hon’ble Delhi HC compared the products of both the companies and by applying the principle of ‘Pith and Marrow’, it held that Maharaja’s products were infringement upon the Strix’s patented technology. Maharaja was directed to pay Rs. 50 Lakh as damages.

From the above case studies, you can see that patents are a powerful and important tool of exclusivity which prevents competition from generic manufacturers. Patent protection not only protects the interests of the innovators but it also shapes the market value of the particular brand. As it can be seen, the patent held by BMS played a pivotal role in its ability to control the market and maintain its competitive edge. It prevented the pharmaceutical companies from producing and selling generic versions of the drug. Now, these advantages are equally applicable to other industries as well. Therefore, its highly crucial to patent your invention. As it can be seen in the second case study between Strix and Maharaja, wherein Strix was able to secure damages for its patent infringement by Maharaja and therefore, able to establish the uniqueness of its product. This clearly shows that how important it is for companies to get their unique products patented and secure it from unwanted infringement.

But how can you file a patent for your invention? Is there any criteria on which patent is granted? All of these questions will be answered in this article. Read further to know more!