THE DOCTRINE OF EQUIVALENTS IN PATENT LAW: AN ANALYSIS OF THE FMC CORPORATION VS NATCO PHARMA LIMITED JUDGMENT

Published On: 07/02/2023

Practice Area: Intellectual Property

Authors:

The Hon’ble High Court of Delhi in a recent judgement, FMC Corporation v. Natco Pharma Limited interpreted the doctrine of equivalents in the light of patent law in India and contributed to the growing jurisprudence around the doctrine. INDUSLAW’s Bharadwaj Jaishankar, Kshitij Parashar and Sana Singh in the present article analyse the said judgement basis the stance taken by the Hon’ble Court as it provides much needed clarity on the test for essentiality of elements in the patent registration process.