Answer By law4u team
Patent infringement occurs when a person or entity, without the permission of the patent holder, makes, uses, sells, offers to sell, or imports a product or process that is protected by a valid patent in India during the term of the patent. Legal Meaning of Patent Infringement in India Under Indian law, particularly the Patents Act, 1970 (as amended), a patent gives the patent holder exclusive rights to exploit the invention for a limited period (20 years from the date of filing). If anyone uses the patented invention without the consent or license of the patent holder, it's considered infringement. Types of Patent Infringement 1. Direct Infringement: When someone uses or produces the patented invention without permission, in a way that falls within the scope of the claims in the patent. 2. Indirect Infringement (not expressly defined under Indian law but recognized judicially): Inducing infringement: Encouraging or assisting someone else to infringe a patent. Contributory infringement: Supplying components or materials that are essential to a patented invention, knowing they will be used to infringe the patent. Key Elements to Prove Patent Infringement To establish infringement, the patent holder must prove that: The alleged infringing product or process is identical or substantially similar to the one claimed in the patent. The alleged infringer did not have permission (license or assignment) to use the invention. The act was committed during the term of the patent, and in India, if protection is claimed under Indian patent law. Defenses Against Patent Infringement An alleged infringer may defend themselves by showing that: The patent is invalid (e.g., lacks novelty, inventive step, or industrial application). The product or process is significantly different and does not fall within the scope of the patent claims. The use is under a statutory exception, such as: Section 107A of the Patents Act, which allows for use of a patented invention for experimental purposes or for regulatory approval (also known as the Bolar exemption). Compulsory licensing or government use under certain conditions. Remedies for Patent Infringement A patent holder can approach a civil court (usually a Commercial Court) seeking: Injunction (to stop further infringement) Damages or account of profits Seizure, forfeiture, or destruction of infringing goods and materials Interim reliefs (e.g., temporary injunction during the pendency of the case) Patent infringement cases are often complex and technical, and courts rely heavily on expert evidence. Jurisdiction Patent infringement suits are tried in District Courts having jurisdiction, but if the claim exceeds the minimum monetary threshold (currently ₹3 lakh or as per state rules), they are tried in Commercial Courts under the Commercial Courts Act, 2015. Criminal Liability Patent infringement is not a criminal offence in India. It is a civil wrong. Remedies are civil in nature (injunction, damages, etc.), unlike trademark or copyright infringement, which may involve criminal prosecution.
