Indian Court Says Failure to Fully Disclose Foreign Patent Prosecution Need Not Automatically Lead to Revocation

摘要

The Delhi High Court on Nov. 7 said a patent applicant's failure to furnish information on patent prosecution in foreign jurisdictions, as mandated under section 8 of the Indian Patents Act 1970, does not make for "automatic" revocation of the patent. Revocation should depend on whether the omission to provide information was intentional or a mere clerical and bona fide error.