In a momentous decision with significant ramifications for patent prosecution in India, the Delhi High Court has effectively read in “willfulness” into Section 8. Early last month, the Delhi High Court issued an order that narrowed the scope of its ruling in the 2009 case of Chemtura Corporation v. Union of India. In Chemtura, the Delhi High Court had ruled that the requirement to disclose information regarding pending foreign applications was a mandatory requirement under S. 8, Patents Act, 1970. The...
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