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Infringement Occur
Numerous Types
Laws Governing Patent
Clients

How Does Patent Infringement Occur?


The Patent Act of 1970 does not define what exactly qualifies as patent infringement. Nonetheless, it outlines two categories of conduct that would constitute patent infringement if carried out without the patent holder's consent:

Using, manufacturing, importing, selling, or offering for sale the product that is specifically covered by the patented process; or using, selling, manufacturing, importing, or selling the patented product.

The determination is made by the court using a two-step test.
  1. First, the court investigates a procedure known as claim creation.
    • The textual description of the invention, additional proof for patent comprehension, the invention's prior prosecution history, and the language of the claim are all examined by the court during claim construction.
  2. The court then determines whether or not the specific product that is the subject of a patent infringement claim truly infringes on the innovation.
    • The three components of a patent usefulness, novelty, and non-obviousness are examined by the court in this regard.
      1. The three components are used by the court to assess the item and compare it to a patent-protected invention.
    • The court concludes that there has been an infringement if it finds that all three components are the same as those of the protected invention.

Numerous Types of Patent Violation


When an invention that is patented is utilized, manufactured, sold, or advertised for sale with the patent holder's consent, it is considered patent infringement in India and is controlled with the Indian Patents Acts, 1970. The following categories of patent infringement, which combine broad definitions with particular Indian situations, are pertinent to Indian law:

Direct Infringement:

  • Definition: This is the act of making, using, offering for sale, or selling a product or method that is exactly the same as the patented invention without the proper authority.
  • Patent holders are the only ones with the authority to stop others from carrying out certain actions within Section 48 in the Indian Patents Act. These exclusive rights are blatantly violated when they are directly violated.

Indirect Infringement:

  • Definition: This covers both induced and contributory infringement.
    1. Contributory infringement is when someone gives parts that are utilized to violate a patent while being aware that those parts are customized or altered for that purpose.
    2. When someone knows of a patent and intends to cause infringement, they might encourage or assist another party in violating it. This is known as induced infringement.
  • Indian courts have recognised and dealt with these types of infringement through a number of rulings, despite the fact that they are not specifically described under the Indian Patents Act.

Literal infringement:

  • Described: When the product or method being copied precisely replicates the wording of the patents claims. All the components of the patents claim are present in the alleged process or product.
  • Determined by looking at whether the alleged process or product is covered by the awarded patent claims.

Equivalency Doctrine:

  • Definition: A product or method is said to be infringing when it accomplishes the same goal in a substantially similar manner without really violating the patent claims.
  • Despite not being specifically stated within the Indian Patents Acts, Indian courts are taking this theory into account when determining infringement, emphasizing functional and outcome-oriented equivalency.

Willful Infringement:

  • Definition: When a patent holder's rights are carelessly ignored by an infringer, infringement occurs and may result in increased damages.
  • Willful infringement can affect the court's decision to award larger damages and strengthen the patentee's case, even if it is not directly addressed by Indian law.

Equivalent Infringement:

  • Definition: Adopting a technique or process that does not match the patent claims but achieves the same outcome.
  • The concept of equivalents has been used by Indian courts to ensure that minor differences leading to the same outcome do not absolve infringement liability.

Comprehending the various forms of patent infringement in the Indian legal system enables patent holders to safeguard their intellectual property efficiently and pursue suitable legal measures when needed. In order to confront different types of infringement and balance inventor rights with the public interest, the Indian Patents Act and judicial interpretations offer a strong framework.

Indian Laws Governing Patent Infringement


The Indian Patents Act , 1970 and its subsequent revisions and regulations, which offer a thorough legal framework for safeguarding patent rights, are the main laws governing patent infringement in India. Important laws and regulations consist of.

  1. The 1970 Indian Patents Act
    • Section 48: Gives the patent holder the only authority to stop unapproved use, manufacturing, selling, or importing of the patented invention by third parties.
    • Section 104: Grants the patent holder the ability to bring an infringement lawsuit in any district or high court that has jurisdiction.
    • Section 105: Permits any interested party to petition the court for an order stating that their method or product does not violate any specific patent.
    • Section 106: Gives the court the authority to provide remedies in situations where there are fictitious allegations of infringement.
    • Section 107: The defenses that can be used in infringement lawsuits, including those that question the patent's validity.
    • Section 107A: Provides clarification on specific actions that do not constitute violations, such as the use of pharmaceuticals in experiments and their preparation for regulatory approval.
  2. The Act of 2005 Amendment to Patents:
    • Introduced a number of noteworthy amendments, including as provisions for pre- and post-grant opposition and product patents for agricultural chemicals and pharmaceuticals.
    • Tightened the anti-infringement laws and improved the enforcement system.
  3. The 2003 Patents Rules:
    • Establish procedural parameters for the submission, review, and opposing of patent applications in accordance with the Patents Act.
    • Explains the steps involved in handling cases of patent infringement.
  4. The Appellate Board for Intellectual Property (IPAB):
  5. Code of Civil Procedure, 1908:
    • Regulates civil litigation's procedural components, including lawsuits alleging patent infringement.
    • Lays out the procedures for bringing legal action, awarding injunctions, and granting other remedies.
  6. The 1963 Specific Relief Act:
    • Outlines particular legal remedies, including injunctions and reparations, for incidents of infringement.
    • Gives judges the authority to impose both interim and ongoing injunctions to stop infringement.
  7. The 1962 Customs Act:
    • Includes clauses that forbid the importing of products that violate intellectual property rights.
    • Permits the patent holder to request assistance from customs officials in order to stop the import of products that are illegal.

The aforementioned legislative measures together establish a strong legal structure that safeguards the rights to patents in India, tackles diverse facets of infringement of patents, and offers patent holders recourse. Comprehending these legal statutes enables patent holders to safeguard their entitlements and pursue suitable legal measures when required.

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