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Patent Infringement

Patent infringement occurs when a person or entity utilizes a patented invention without the patent owner’s permission, violating their exclusive rights. The Indian Patents Act of 1970 outlines the rights of patent holders and provides legal mechanisms for addressing such infringements.

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Why Should I Use Auriga Accounting For Patent Infringement ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Patent Infringement.

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Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Patent Infringement

Complete your Patent Infringement

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Overview
Types
Strategies
Doctrines
Judgments
Conclusion

Overview - APTA Certificate Registration

Patent infringement occurs when an individual or entity manufactures, uses, sells, or imports a patented invention without obtaining authorization from the patent holder. This authorization is typically granted through a licensing agreement, wherein the licensee pays fees to legally utilize the patented invention. While the Indian Patents Act of 1970 does not explicitly define “patent infringement,” it outlines various actions that are considered infringing, such as the unauthorized production or commercialization of a patented invention. Essentially, using or selling a patented invention without the patent holder’s consent constitutes patent infringement. For instance, if you patent a novel smartphone charger, no one else can produce or sell that charger without your permission.

Different Types of Patent Infringement

  1. Direct Infringement: Direct infringement occurs when a person makes, uses, sells, or proposes a patented product or process without the patent holder’s permission. Section 48 of the Indian Patents Act grants patent holders exclusive rights that prohibit such activities.
  2. Indirect Infringement: This type of infringement happens when someone assists or encourages another person to infringe a patent.
  3. Contributory Infringement: This form of infringement involves supplying components specifically designed for use in a product that infringes a patent.
  4. Inducing Infringement: This occurs when one party actively promotes or persuades another to infringe on a patent.
  5. Literal Infringement: Literal infringement is defined by a product or process that exactly matches the claims made in a patent. To establish literal infringement, all elements of the patent must be present in the accused product.
  6. Doctrine of Equivalents: A product may be deemed infringing even if it does not literally fall within patent claims, provided it effectively serves the same function and achieves the same result as the patented invention. While the Indian legal system does not explicitly reference this doctrine, courts have applied its principles to prevent infringers from escaping liability through minor alterations.
  7. Willful Infringement: Willful infringement refers to the knowing violation of a patent. Although not explicitly addressed in Indian law, courts may impose higher damages in cases where willfulness is proven.
  8. Equivalent Infringement: Equivalent infringement refers to the use of slightly altered technologies or processes that achieve the same results as the patented invention. Courts recognize this type of infringement to ensure minor modifications do not exempt infringers from liability.

What strategies can be employed to prevent patent infringement?

Small-Scale Production of Unique Goods– Employers can seek out individuals with the creativity and intellect necessary to create distinctive products. To safeguard the company’s interests and prevent any potential claims of ownership by employees, it is essential to include a clause in the contract that clearly states that any products developed are the exclusive property of the company.

Obtaining Necessary Licenses from Patent Holders – Companies should secure permission from patent owners before utilizing any registered materials to avoid potential liability for infringing on patents. Content available for unrestricted use is typically classified as royalty-free media. Nonetheless, it’s advisable to credit the rights holder to ensure compliance and prevent any infringement on their exclusive rights to the work.

Lawsuit for Patent Infringement – Under the Patents Act of 1970, patent holders are empowered to take legal action if their exclusive patent rights are infringed upon. According to the Limitation Act, any such lawsuit must be initiated within three years from the date of the infringement.

Doctrines Related to Patent Infringement

Several legal doctrines play a crucial role in defining the outcomes of patent infringement cases. These principles assist courts in interpreting patent claims, evaluating instances of infringement, and balancing the rights of patent owners with the public’s interest. Below are some essential doctrines associated with patent infringement:

  1. Doctrine of Equivalents

Definition: The Doctrine of Equivalents enables a court to determine that a party is liable for patent infringement even if the product or process in question does not explicitly match the patent claims, provided it operates in a substantially similar manner to produce the same outcome.

Purpose: This doctrine aims to prevent infringers from evading liability through trivial modifications to a patented invention.

Application in India: Indian courts have recognized and utilized this doctrine to hold that minor alterations achieving the same result may still result in infringement liability.

2. Doctrine of Prosecution History Estoppel

Definition: This doctrine restricts a patent holder from expanding the interpretation of patent claims beyond what was explicitly articulated during the patent application process.

Purpose: It ensures that patentees are held accountable for any amendments and statements made during the patent prosecution, thereby preventing them from reasserting claims on subject matter that they have previously surrendered.

Application in India: While not frequently applied, Indian courts do take prosecution history into account when interpreting patent claims and assessing infringement.

3. Doctrine of Exhaustion (First Sale Doctrine): The Doctrine of Exhaustion, or First Sale Doctrine, states that once a copyrighted work is legally sold or transferred, the copyright holder’s rights to that specific copy are exhausted. Consequently, the new owner can resell, lend, or otherwise dispose of the copy without needing additional permission from the copyright owner.

4. Doctrine of Repair and Reconstruction: The Doctrine of Repair and Reconstruction pertains to the legal principles surrounding the restoration and improvement of properties, particularly in contexts such as construction, property damage, or contractual obligations.

Landmark Judgments for Patent Infringements in India

Numerous landmark judgments in India have significantly influenced the landscape of patent law, offering essential interpretations of the Indian Patents Act of 1970. These rulings illustrate the judiciary’s perspective on patent infringement cases and set key precedents for future cases.

  1. Roche v. Cipla (2008)
  2. Bayer Corporation v. Union of India (2014)
  3. Novartis AG v. Union of India (2013)
  4. Merck Sharp and Dohme Corp. v. Glenmark Pharmaceuticals (2015)
  5. Monsanto Technology LLC v. Nuziveedu Seeds Ltd. (2018)
  6. Ericsson v. Micromax (2013)

Conclusion

The primary objective of copyright is to safeguard the legal rights of creators while simultaneously providing them with financial incentives for their original works. This legal protection not only acknowledges the creativity and effort that go into producing artistic, literary, and musical pieces but also encourages innovation by allowing creators to benefit from their intellectual property. To effectively protect your work from unauthorized use and infringement, it is essential to register your copyright. This registration acts as a formal declaration of your ownership and strengthens your legal position should any disputes arise.

Navigating the intricacies of copyright registration can be challenging, which is why seeking the assistance of a business lawyer is highly advisable. A legal expert can guide you through the registration process, ensuring that all necessary documentation is completed accurately and efficiently. By working with a lawyer, you can enhance your understanding of copyright law and develop strategies to protect your creative output.

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