Can the process developed by X Pharmaceuticals Ltd., be used by Y Instra Lab Pvt. Ltd. in producing its combination of drug ?

It is evident from the given case study that although X Pharmaceuticals Ltd. is producing pharmaceutical drugs through the application of a process that combines drugs made of chemical materials and microorganisms, they have only been granted patent registration for the process and not for the end product. This clearly states that the process patented by X-Pharmaceutical Ltd. was not unknown to the pharmaceutical world and was in use prior to their patent registration, since Y Instra Lab Pvt Ltd has developed drug of a combination of penicillin and lactobacilli by following the same process as X Pharmaceuticals Ltd and had already entered the market for quite a few months. Besides this, the process that followed by X-Pharmaceutical Ltd. was patented not the combination of drug itself. So, in the instant case the Y Instra Lab. Pvt. Ltd can use the process as claimed by X Pharmaceutical Ltd.