Patent infringement in India refers to the unauthorised use of a patented invention, including making, using, selling, or importing it without the patent holder’s consent. Governed by the Patents Act, 1970, such acts violate the exclusive rights granted to the patentee, and legal remedies may include injunctions, damages, and seizure of infringing goods.
Such actions interfere with the legal monopoly granted under the Patents Act, 1970, making it essential for innovators to file a Provisional Patent Application to protect their rights at an early stage.
Legal Framework for Patent Infringement in India
The legal provisions governing patent infringement are outlined in the Patents Act, 1970, which specifies the procedures, remedies, and defenses available in infringement cases. Suits for infringement are tried before the District Courts or, in certain situations, the High Courts having jurisdiction. The key sections include:
Section 104 – Jurisdiction to try suits for infringement
Section 105 – Power to declare non-infringement
Section 106 – Relief in cases of groundless threats of infringement
Section 107 – Defenses in infringement suits
Section 107A – Certain acts not considered infringement
Section 108 – Reliefs in infringement suits
Section 109 – Rights of exclusive licensee
Section 110 – Rights of co-owners of patents
Section 111 – Limitation of damages in certain cases
Sections 112–114 – Miscellaneous provisions on remedies and jurisdiction
Patent infringement can occur in multiple ways, depending on how a patented invention is misused. Understanding these types helps innovators identify risks and take timely legal action.
Direct Infringement
Direct infringement happens when a person or entity directly uses, makes, sells, or distributes a patented product or process without authorisation. It is the most common type of violation and often leads to disputes or [Patent Opposition in India].
Indirect Infringement
Indirect infringement occurs when someone supplies components or induces others to use a patented invention unlawfully. Even though the infringer may not use the patent directly, contributing to or encouraging infringement can lead to liability under Indian law, making [Patent Licensing in India] a critical safeguard.
Literal Infringement vs Doctrine of Equivalents
Patent infringement often occurs when a patented product or process is used, made, or sold without authorisation. Common examples include copying patented technologies, manufacturing without a license, or importing protected inventions.
Pharmaceutical Generics – Launching generic medicines before the expiry of a patented drug’s protection
FMCG Packaging – Copying patented packaging technology or designs in food and consumer goods
Software Duplication – Using or distributing software code based on patented algorithms without authorisation
Electronics – Manufacturing or selling gadgets that incorporate patented circuit designs or components
Automotive Parts – Producing spare parts or systems covered under an existing patent
Cross-Border Violations – Importing patented products without permission, highlighting the importance of International Patent Protection.
A patent infringement lawsuit in India arises when a patented invention is used, sold, or manufactured without the permission of the patentee. Such cases are governed by the Indian Patents Act, 1970, and provide remedies to protect the rights of innovators.
Who Can File a Patent Infringement Suit?
Only the patentee or an exclusive licensee of the patent has the legal right to file a patent infringement suit in India. If an exclusive licensee initiates the action, the patentee must be made a party to the proceedings. Learn more about Patent Registration in India.
Patent infringement suits can be filed before courts that are legally empowered to hear such cases. Depending on the nature of the dispute, jurisdiction lies with:
District Courts having jurisdiction over the area where infringement occurred
High Courts with original jurisdiction in patent cases
Delhi High Court, which handles a significant number of intellectual property matters in India
Limitation Period
A patent infringement suit must be filed within the 3-year limitation period from the date of infringement. Delays beyond this period may bar the patentee from seeking remedies.
Patent infringement cases in India allow the patentee to seek relief through both civil and, in rare cases, criminal actions. The remedies aim to stop the infringement, compensate for losses, and prevent further misuse of the patent.
Civil Remedies
Injunctions – Courts can grant permanent or temporary injunctions to stop the infringer from using the patented invention
Damages – Monetary compensation for losses suffered by the patentee due to infringement
Account of Profits – Recovery of profits unlawfully earned by the infringer
Delivery/Seizure of Infringing Goods – Courts may order delivery, destruction, or seizure of infringing products
Cost Orders – Courts can direct the infringer to bear the litigation costs of the patentee
Other Equitable Reliefs – Any other orders deemed necessary by the court under.