{"id":26271,"date":"2026-06-17T04:09:57","date_gmt":"2026-06-17T04:09:57","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=26271"},"modified":"2026-06-17T04:17:20","modified_gmt":"2026-06-17T04:17:20","slug":"dr-aloys-wobben-vs-yogesh-mehra-patent-revocation-counterclaim-section-64-patents-act","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/dr-aloys-wobben-vs-yogesh-mehra-patent-revocation-counterclaim-section-64-patents-act\/","title":{"rendered":"Dr Aloys Wobben vs Yogesh Mehra (2014): Supreme Court Clarifies Patent Revocation vs Counter-Claim Under Section 64 of the Patents Act"},"content":{"rendered":"\n

<\/span>Introduction<\/span><\/h2>\n\n\n\n

Patent law in India gives those who believe a patent has been wrongly granted more than one way to challenge it. A person can go to the Intellectual Property Appellate Board [now High Court] and file what is called a revocation petition. Or, if that person is being sued for infringing a patent, he can fight back in the same court by filing a counterclaim, asking the court to cancel the patent itself. For a long time, the question of whether a party could do both things at the same time, pursue a revocation petition before the Appellate Board and simultaneously raise a counter-claim before the High Court, remained unanswered by the highest court of the land.<\/p>

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