Product-by-Process Claim

Posted on by Rudrajyoti Nath Ray

A product-by-process claim is permitted where it is found, it would be difficult to define a product with reference to its structural features. It is acceptance of this facet of such claims which constitutes point of origin of product-by-process claims. For assessing novelty one must disregard the process terms and discern whether the product possesses novelty. We are reminded, a product is not rendered novel merely by virtue of it being produced by a new process. In case of a product-by-process claim, it is the novelty of a product which must be established shorn of the process terms accompanying such a claim.

– Hon’ble Judges Yashwant Varma and Dharmesh Sharma of Hon’ble High Court of Delhi, Vifor (International) Limited v. MSN Laboratories Pvt. Ltd., [FAO(OS) (COMM) 159/2023] decided on 07.02.2024.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.