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You have to choose how you attack a patent
Supreme Court of India · 2014 · (2014) 15 SCC 360
What happened
A party sought to challenge the validity of patents both by a revocation petition and by a counterclaim for revocation in an infringement suit.
What the fight was about
Whether both routes can be pursued simultaneously in respect of the same patent.
What the court decided
They cannot. A party must elect one route - a revocation petition under section 64(1), or a counterclaim for revocation in the infringement suit - rather than running both. The purpose is to prevent duplicative adjudication of the same invalidity question.
Why an inventor should care
If you are sued and you think the patent is invalid, the way you raise that has consequences you cannot undo later.
What a patent professional should take from it
This is the controlling authority on the interaction between the two routes. Decide the route deliberately at the outset, taking into account forum, timing and cost.
Two routes to revocation, one choice.
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The date and Civil Appeal number for this decision are reported inconsistently. Cite (2014) 15 SCC 360 and verify the appeal number independently before relying on it in a filing.
This is an editorial case note prepared by Ragulika IP - a summary of a decision, not the text of the judgment, and not authority. Read the judgment itself before relying on any point.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- WIPO Patent Judicial Guide - India
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Not sure whether this applies to your invention?
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.