Delhi High Court Allows Patent Revocation Petitions After Expiry, Impacting Pharma Litigation

The Delhi High Court ruled that patents can be challenged and revoked even after their expiry, allowing generic drug companies to file revocation petitions beyond the patent's active term. While patent holders retain the right to claim damages for infringement during the patent's life, this ruling may prompt generics to adopt dual strategies challenging both infringement and validity. Experts note this decision balances the interests of patent owners and the generics industry, potentially altering pharmaceutical patent litigation approaches in India.