Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application
In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.