Patent Infringement in India

What is patent infringement?

Patent infringement is the commission of a prohibited act in relation to a patented invention without the permission of the patent holder.

What constitutes Patent Infringement?

A patent infringement usually occurs through the usage or sale of the patented invention. In many countries the usage of patent must be commercial in nature to constitute patent infringement.

Types of Patent Infringement in India

There are two types of patent infringement in India. They are:

• Direct Infringement: A direct infringement of a patent occurs when a product is similar or identical to any patented product and where a commercial use of the invention is carried out without the permission of the patent holder.
• Indirect Infringement: In an indirect infringement, a patent infringement occurs due to an accident without any intention for infringement.

Remedies for Patent Infringement in India

• The patent holder can reach the collector of customs and prohibit entry of the infringed goods into the Indian market. The patent holder must provide the relevant details in such a case.
• An interim injunction may be granted where there is prima facie evidence in favour of the patent holder. In a trial, if the same is proved then a permanent injunction may be granted.
• If it is proved that the defendant was aware about the existence of the patent at the date of patent infringement, then, damages may be granted.