May 5, 2016

Patent Infringement

Patent infringement in India is the act of using, making, or importing a product covered by a patent claim without taking permission from the patent owner. According to the provisions of the Indian Patents Act 1970, what constitutes the infringement is not clearly defined in the act. Under the Act, any violations of the rights conferred on the patentee may result in a patent infringement.

Proceedings for patent infringement can only be initiated after the grant of patent, but may include a retrospective claim from the date of publication of the patent application. A suit for patent infringement can be filed in a district court that has the jurisdiction to try the suit. The suit can be defended on several grounds, amongst them includes grounds on which a patent cannot be granted in India. Based on such proclamations, revocation of the patent can also be claimed by anyone.

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