Patent infringement and enforcement
What counts as infringement, what does not, and what a court can do about it.
Infringement means doing, without authority, what the patent gives the patentee the exclusive right to do — measured against the claims, not against the product the patentee happens to sell.
The Act carves out important exceptions: acts for research and teaching, acts done to develop and submit information for a regulatory approval, and the use of a patented invention on a foreign vessel or aircraft temporarily in India.
Reliefs include injunctions and, at the plaintiff's option, damages or an account of profits. Groundless threats of infringement are themselves actionable, so an aggressive letter carries its own risk.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 19Powers of Controller in case of potential infringement
- 24Effect of acceptance of complete specification
- 24ESuits relating to infringements
- 46Form, extent and effect of patent
- 47Grant of patents to be subject to certain conditions
- 48Rights of patentees
- 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
- 58Amendment of specification before High Court
- 62Rights of patentees of lapsed patents which have been restored
- 64Revocation of patents
- 91Licensing of related patents
- 100Power of Central Government to use inventions for purposes of Government
- 103Reference to High Court of disputes as to use for purposes of Government
- 104Jurisdiction
- 104ABurden of proof in case of suits concerning infringement
- 105Power of court to make declaration as to non-infringement
- 106Power of court to grant relief in cases of groundless threats of infringement proceedings
- 107Defences, etc., in suits for infringement
- 107ACertain acts not to be considered as infringement
- 108Reliefs in suits for infringement
- 109Right of exclusive licensee to take proceedings against infringement
- 110Right of licensee under section 84 to take proceedings against infringement
- 111Restriction on power of court to grant damages or account of profits for infringement
- 112Restriction on power of court to grant injunction in certain cases
- 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
- 114Relief for infringement of partially valid specification
- 115Scientific advisers
- 117CBar of jurisdiction of courts, etc.
- 120Unauthorised claim of patent rights
- 124Offences by companies
- 140Avoidance of certain restrictive conditions
- 144Reports of examiners to be confidential
- 147Evidence of entries, documents, etc.
- 151Transmission of orders of courts to Controller
- 156Patent to bind Government
- 157Right of Government to sell or use forfeited articles
- 158Power of High Courts to make rules
- 32Procedure in case of potential infringement
- 33Form of reference to another patent
- 54Omitted
- 74AInspection of documents related to grant of patent
- 103Roll of scientific advisers
- 103ADisqualifications for inclusion in the roll of scientific advisers
- 104Manner of application for inclusion in the roll of scientific advisers
- 105Inclusion of the name of any other person in the roll of scientific advisers
- 106Power to relax
- 107Removal of names from the roll of scientific advisers
Dealing with an infringement, or an accusation of one?
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