Understanding Patent Infringement in India
Intellectual property protection plays an important part in the field of innovation. They provide the creator with the right to use the innovation. Nonetheless, both companies and inventors continue to have serious concerns about patent infringement. This blog explores the nuances of patent infringement in India, describing the different kinds of infringement, the laws that govern it, the penalties for it, and how it is dealt with.
What is Patent Infringement?
Patent infringement occurs when an unauthorized party makes, uses, sells, or imports a patented invention without the patent holder’s consent. To put it simply, it is a breach of a patent holder’s exclusive rights. Patent infringement can take several forms, such as direct infringement, indirect infringement, contributory infringement, and inducement to infringe.
Types of Patent Infringement
Following are the types of patent infringement that were given below:
- Direct Infringement: The simplest and most direct type of infringement, in which an unauthorized person creates, utilizes, or sells a patented innovation without obtaining authorization.
- Indirect Infringement: Occurs when a party contributes to or induces another party to infringe a patent. This includes supplying components or equipment that are crucial to the patent infringement.
- Contributory Infringement: Provides components of a patented invention, knowing that these components are specifically designed to be used in a way that violates the patent.
- Inducement to Infringe: Infringement by a party that actively encourages or aids another party to infringe a patent.
Legal Framework for Patent Infringement in India
Patent laws are governed by the Patents Act of 1970. It has been changed various times to comply with global standards. The legislation offers a structured arrangement to handle issues regarding patent infringement.
- Patent Enforcement: Patent possessors have the right to impose their patents through public litigation. They can look for relief from the courts in the form of prohibition, damages, or on account of profits.
- Burden of Proof: In these cases, the patent holder has to prove the infringement. They must show that the alleged infringer violated their patent rights.
- Jurisdiction: These cases usually go to district courts where the violation happened or where the accused lives.
Remedies Available
The Patents Act offers several remedies for infringement:
- Injunctions: Courts can issue temporary or permanent orders to stop infringing activities.
- Damages: The offender may be mandatory to pay damages to offset the losses acquired by patent holder.
- Account of Profits: The infringer may be asked to account for the profits made from the infringement and pay them to the patent holder.
Process of Addressing Patent Infringement
Here are some points for the process of addressing patent infringement:
- Pre-Litigation Measures: Before going to court, try resolving the issue directly. Send a cease-and-desist letter to the alleged infringer. This can sometimes stop the infringement without the hassle of a lawsuit.
- Filing a Lawsuit: If that doesn’t work, it’s time to sue. File a lawsuit in the right court. Your complaint must detail the patent, how it’s being infringed, and what you want as relief.
- Interim Relief: While the case is ongoing, ask the court for temporary injunctions. This stops the infringer from continuing their actions until the case is resolved.
