The High Court of Delhi Rules Governing Patent Suits, 2020

The High Court of Delhi is in the process of framing Rules under Section 158 of the Patents Act, 1970. A draft of the proposed “The HighCourt of Delhi Rules Governing Patent Suits, 2020” was circulated.

In the last 10-15 years, the Delhi High Court has witnessed a high growth in the number of patent infringement actions filed before it related to various scientific and technological fields including pharmaceuticals, diagnostics, mechanical engineering, telecommunications, electrical/electronics, wind technology etc. The need for the present Rules has been felt due to the complexities that have arisen in dealing with patent suits and actions. The Delhi High Court Patent Rules, 2020 shall govern the procedure for adjudication of all patent suits. The substantive provisions governing patent suits are contained in The Patents Act, 1970. Patent suits being civil in nature are also governed by The Code of Civil Procedure, 1908 (CPC) as amended by The Commercial Courts Act, 2015. 

Documents to be filed along with the Plaint: The documents to be filed with the plaint shall include, inter alia,

i) certified copies of the certificate of grant of patent along with payment of annuities thereof. 

ii. complete patent specification including title and description of invention, claims, the abstract and drawings as granted. 

iii. a list of all corresponding patent applications/grants in various countries, if any, along with their current status in a tabulated form. A standard template for the said table is below. 

iv. If a decision has been given by any patent authority in another jurisdiction, a link to the same can be provided in the table. 

v. A summary of the technology shall be annexed either as a note or as a power point presentation printed with two slides per page. 

vi. Copies of any decisions of courts or patent offices in respect of the suit patent or any corresponding patent in any jurisdiction, including decisions in pre-grant, post-grant oppositions or revocation proceedings, shall also be annexed. 

vii. Any expert report relied upon for infringement analysis. 

viii. Copies of all relevant correspondence 

ix. In case of license agreements being relied upon, copies of the license agreements redacted or otherwise. Notes on justification for license fee, if claimed. 

x. Laboratory analysis reports, if any.