What do you mean by patent infringement?

It refers to the violation of the rights of the patent owner related to some type of invention. We say that patent infringement occurs when some other party uses, sells, or makes a patented item without obtaining legal permission from the owner or holder of that specific patent, who is called the plaintiff if he files a case for patent infringement. It is governed by the Patent Act 1970. There have been a few popular Patent Infringement Cases In India such as Canva va RX Prism (Indian Startup) (2023), Samsung vs. Ericsson (2014), Novartis vs. Union of India (2013), Bajaj Auto vs. TVS Motor (2007), and others. For these cases, patent infringement lawyers are hired by the respective clients and they use their legal knowledge to solve the issue and win the case for their clients. Trademark Infringement Lawyers and Copyright Infringement Lawyers are the two most important legal professionals in this domain. Let us have a look at some important points related to patent infringement remedies/reliefs, and patent lawyers in Noida, Delhi, and other parts of India.

Sections 104 to 115 of the Patent Act 1970 deal with different aspects of patent infringement in India. A brief about his is given below:

• Making, Using, Selling, or Importing: Unaccredited actions concerning the patented invention.
• Defenses Against Infringement
  • Research Exemption: Carry out research work for non-commercial purposes
  • Experimental Use: Carry out experimental work using the patented invention

What Are Reliefs/Remedies For Patent Infringement?

1. Civil Remedies: The patentee has the option of filing a civil suit seeking injections, damages, or an account of profits.
2. Criminal Remedies: In a few cases, the patentee can take the route of criminal proceedings which may lead to fines or imprisonment.

Other reliefs according to Section 108(1) of the Patent Act, 1970 are discussed later in this article.

A few Key Points Related To Patent Infringement

• International Treaties: TRIPS (Trade-Related Aspects of Intellectual Property Rights) is one of the international treaties to which India is a signatory. With this, minimum standards have been set to safeguard intellectual property rights.
• Enforcement and Litigation: The patent holder has the legality to enforce its rights via filing a lawsuit in a court of relevant jurisdiction.
• Compulsory Licensing: There are a few specific conditions wherein the Indian government grants compulsory licenses to 3rd parties for making a patented invention without any consent of the patentee. It is done mainly to address the issues of public interest.
• Challenges in Enforcement: The enforcement of patent rights is challenging in some situations because of the lengthy legal procedures, resource constraints, and the requirement for specialized knowledge.
• Role of Intellectual Property Offices: These offices are primarily engaged in granting, regulating, and overseeing patent rights.
• Global Perspective: An international perspective has to be taken into account when determining jurisdiction and enforcement in patent infringement cases.
• Continuous Monitoring: The patent holder has to actively monitor the market & industry for potential infringements, to which timely legal action must be taken when necessary.

With the Patent Infringement Cases In India as an example, it is understood that in such cases the patent holders as well as the potential defendants both need to have an understanding of the legal framework. Both also seek professional advice as the specifics of the patent law might evolve. We – Corpsage Legal LLP, offer patent infringement services wherein remedies/reliefs are given in a completely tailored way according to the requirements of the clients. We provide the best Patent lawyers in Noida and other Indian cities. Herein, Patent Infringement Lawyers like Trademark Infringement Lawyers and Copyright Infringement Lawyers are a part of our team. They have experience with the Patent Infringement Cases In India and provide all the services according to the Patent Act 1970. All our advocates stay updated with the new amendments and introduction of laws making them experts in the current legal landscape.

Impact of TRIPS Amendment on the Patents Act, 1970

Initially, in the cases of patent infringement, the responsibility to prove the infringement always rested on the person who owns the patent (called the plaintiff). But, TRIPS has made changes to the Patents Act, 1970, specifically through the addition of Section 104A, which brought in the concept of “reversed burden of proof”. This concept states that in case the patent is related to some process that results in the making of a new product and there are significant chances that some other identical product is created using the same process, the burden of proving non-infringement will shift to the defendant in case the patent owner, despite judicious efforts, couldn’t scrutinize the exact process.

Section 108(1) of Patent Act, 1970 Is For “Reliefs In Suit For Infringement”

In case a plaintiff’s patent rights get violated, he/she can get relief with Section 108(1) of The Patents Act, 1970. There are three remedies for the patentee – Temporary/Interlocutory Injunction, Permanent injunction, and Damages. Let us discuss these here:

1. Injunctions

It is a court order according to which the infringing party must stop making, using, selling, or importing the infringing product. Injection is also known as a preventive legal measure whose aim is to preserve the value of the patent and ensure that the patent holder receives no further harm. injection can be obtained by the patent holder by proving that his patent is valid and that it has been infringed upon by the defendant. There are three types of injunctions viz temporary, permanent, and ex-parte.

1. Temporary Injunction: In terms of patent infringement remedies, it is a type of interim decision provided before the final verdict of the case. The temporary injunction preserves the status quo of the patent holder. A continuation of the infringing activity would cause irreparable harm to them, which is another reason why they are likely to succeed in their lawsuit. Before granting this type of injunction, the court considers three points viz Prime Facie Case, Balance of Inconvenience, And Irreparable Loss.
2. Permanent Injunction: In terms of patent infringement remedies, it is the final verdict of the case. As per this injection, the infringing party will have to stop the infringing activity permanently. Depending on the case, the court might award monetary damages like compensation for any profits made by the infringing party via the infringing activity.
3. Ex-parte Injunction: Granted with no hearing, it is a provisional remedy used in urgent conditions. Although a powerful patent infringement remedy, it must be used with caution since it can cause harm to the defendant in case it is found to be unjustified later on. Generally, Ex-parte Injunction is provided in situations wherein the plaintiff requires immediate relief and there is not enough time for a full hearing.