Extent of Burden of Proof in Matters concerning Patent Revocation

The Madras High Court rejected Embio Ltd.'s petition to revoke Malladi Drugs' patent, clarifying the burden of proof in patent revocation cases. The court emphasized that the party seeking revocation must provide strong evidence to support their claims of lack of novelty or inventive step, and Embio failed to do so. The court found that Malladi Drugs' method for preparing chiral beta-amino alcohols demonstrated technical advancement and superior optical purity compared to existing methods. This decision reinforces the established trend of Indian courts requiring petitioners to present substantial evidence when challenging a patent's validity under Section 64 of the Patents Act. The ruling underscores the importance of providing sufficient and relevant materials to discharge the burden of proof in patent revocation proceedings.  Read more here.