Patent Infringement in India

Overview

Patent infringement occurs when a person, without authorization, makes, uses, sells, distributes, or imports a patented invention during the term of the patent. In India, infringement is governed by the Patents Act, 1970. It occurs whenever any of the exclusive rights of the patentee — such as the right to make, use, or sell the patented product or process — are exercised by another person without permission or a valid license.

Infringement can take many forms, from outright manufacturing of a copied product to subtler acts such as using a patented process in a factory, importing infringing goods, or making minor design changes that still fall within the scope of the patent claims. Even indirect or contributory infringement, where a party knowingly supplies components for an infringing product, can attract liability.

Whether you are an individual inventor, a startup, or an established company, acting quickly against infringement protects the commercial value of your invention and deters further unauthorized use. Legaltax provides the expert guidance and legal tenacity required to ensure your rights as a patentee are enforced under Indian law.

What Are the Common Types of Patent Infringement?

Patent infringement can occur across a wide range of technical inventions. The common categories include:

• Direct Infringement: Unauthorized manufacturing, use, or sale of a product that falls within the scope of the patent claims.
• Process Infringement: Unauthorized use of a patented manufacturing method or industrial process.
• Contributory Infringement: Knowingly supplying components or materials specifically meant for assembling an infringing product.
• Import Infringement: Importing a product into India that has been made using a patented invention without a license.
• Equivalent Infringement: Making minor, non-substantial changes to a patented invention while still using its core inventive concept.
• Commercial Piracy: Large-scale unauthorized manufacturing and distribution of patented products for profit.

What Must Be Established To Prove Patent Infringement?

To succeed in a patent infringement claim, the patentee must generally establish two fundamental elements:

1. Valid Patent Rights: The claimant must demonstrate that they hold a valid, granted patent that is in force and covers the invention in question.
2. Unauthorized Use: The claimant must show that the alleged infringer's product or process falls within the scope of the patent claims and was used without a license or valid defense.

The claimant can be the original inventor or the legal owner (such as an employer or an assignee of the patent rights).

Scope and Remedies Available for Infringement

Indian law provides a range of remedies to a patentee whose rights have been infringed:

• Civil Remedies: Injunctions to stop further infringement, along with damages or an account of profits earned by the infringer.
• Interim Relief: Courts can grant interim injunctions and orders for seizure or preservation of infringing goods while the case is pending.
• Border/Customs Measures: Patentees can request customs authorities to seize infringing goods being imported into or exported from India.

What Are the Documents Required to Pursue a Patent Infringement Claim?

To act against infringement, you need to gather specific documents and evidence. You can prepare the following in advance:

• Proof of Patent Ownership: The granted patent certificate and specification showing you as the patentee.
• Evidence of Infringement: Samples, technical analysis, purchase records, or product teardowns of the infringing product or process.
• Claim Chart/Comparison Statement: A detailed comparison mapping the infringing product or process against the patent claims.
• Power of Attorney: A document authorizing Legaltax to represent you before courts and authorities.
• Details of the Infringer: Name, address, and any available manufacturing or business information of the alleged infringer.
• Payment Receipt: Proof of payment of the prescribed legal or court fee, if applicable.

Patent Infringement Resolution Process in India

• Cease-and-Desist Notice: A formal legal notice is sent to the infringer demanding that they stop the unauthorized manufacturing, use, or sale immediately.
• Technical & Evidence Collection: Evidence of patent validity and infringement is compiled, often supported by technical expert analysis.
• Filing a Civil Suit: If the infringer does not comply, a suit for injunction and damages is filed before the appropriate court.
• Interim Relief: The court may grant an interim injunction to immediately stop further infringement while the case is pending.
• Final Judgment: After hearing both parties and examining technical evidence, the court passes a final order, which may include permanent injunction, damages, and costs.

What happens if the infringer disputes the claim?

If the alleged infringer challenges the validity of the patent or claims their product falls outside the claims, the matter proceeds to a detailed hearing involving technical evidence and expert testimony. In such cases, Legaltax provides expert representation, drafts the necessary pleadings, and argues the case before the court to ensure your rights are upheld.

What Are the Essentials for a Strong Infringement Claim?

To ensure your infringement claim is enforceable and stands the test of legal scrutiny, certain elements must be present:

• Valid, Enforceable Patent: Proof that the patent is granted, in force, and that renewal fees have been duly paid.
• Documented Claim Mapping: A clear, element-by-element comparison showing how the infringing product or process reads onto the patent claims.
• Substantial Overlap: A clear demonstration that the infringing product or process uses the core inventive concept covered by the patent.
• No Valid Defense: Confirmation that the use does not fall under an experimental use, government use, or another statutory exception.

What Are the Benefits of Taking Action Against Patent Infringement?

1. Stops Unauthorized Use: An injunction immediately halts further manufacturing, use, or sale of the infringing product.
2. Financial Compensation: You can recover damages or an account of profits earned by the infringer through unauthorized exploitation of your invention.
3. Deterrence: Taking swift legal action discourages further infringement by the same or other parties in the industry.
4. Preserves Asset Value: Enforcing your rights protects the commercial value, market position, and licensing potential of your invention.

Why Choose Legaltax?

LEGALTAX is India's largest professional platform of lawyers, chartered accountants, and company secretaries — with years of experience behind. We execute legal work for over 500 companies and LLPs every month, by leveraging our tech capabilities, and the expertise of our team of legal professionals.

1. Customer Score: We make your interaction with the legal system as smooth as possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
2. 100-Strong Team: With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.
3. Access To Experts: We provide access to reliable professionals and coordinate with them to fulfil all your legal requirements. You can also track the progress on our online platform, at all times.
4. Realistic Expectations: By handling all the paperwork, we ensure a seamless interactive process with courts and authorities. We provide clarity on the enforcement process to set realistic expectations.

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