Skip to main content
European Commission logo
IP Helpdesk
News article20 July 2023European Innovation Council and SMEs Executive Agency1 min read

Delhi High Court Dismissed PepsiCo's Appeal Against the Revocation of the Patent Cover

On July 5, the Delhi High Court rejected PepsiCo Inc's appeal against the revocation of a patent for a potato variety exclusively grown for their Lay's potato chips. The Protection of Plant Varieties and Farmers' Rights (PPVFR) Authority had revoked the intellectual property protection granted to PepsiCo's potato variety in 2021, stating that India's rules do not allow patents on seed varieties.

PepsiCo then filed a petition with the Delhi High Court against the revocation of the patent cover. However, in its order, the Delhi High Court dismissed PepsiCo's appeal, and the court did not find any violation of public interest by PepsiCo which is the second major U.S. company to encounter patent infringement issues in India.



Publication date
20 July 2023
European Innovation Council and SMEs Executive Agency