Legal Framework

What Constitutes Patent Infringement?

Infringement occurs when a person, without authorization, does any of the following:

• Makes or manufactures a patented product
• Uses a patented process
• Sells, offers to sell, or distributes the patented product
• Imports the product into India

Note: Infringement can be strict liability — intent is not always required; unintentional use can still lead to legal consequences.

Types of Patent Infringement

1. Direct Infringement — Unauthorized manufacture, use, sale, or import of a patented invention.
2. Indirect Infringement — Encouraging or aiding others to infringe (contributory or induced infringement).
3. Literal Infringement — The accused product/process literally matches every element of at least one claim.
4. Doctrine of Equivalents — Non-identical products that perform substantially the same function in the same way to achieve the same result may infringe.
5. Willful Infringement — Knowing violation of patent rights; may lead to enhanced damages.

Who Can File a Patent Infringement Suit?

The following parties may bring an infringement suit:

• The patentee (patent owner)
• An exclusive licensee
• The assignee of the patent rights

If the patent is jointly held, all co-patentees must typically be parties to the suit.

Jurisdiction of Infringement Suits

Under Section 104, infringement suits are filed in a District Court with jurisdiction. Where damages claimed exceed ₹1 crore, original jurisdiction may lie with certain High Courts (for example: Delhi, Bombay, Madras, Calcutta, Gujarat).

Legal Remedies Available

Courts may grant one or more of the following:

• Injunctions — Temporary (interim) or permanent restraining orders
• Damages — Monetary compensation for loss
• Account of profits — Payment of profits earned by the infringer
• Seizure or destruction — Of infringing goods, materials and tools
• Costs & attorney’s fees — Frequently awarded to the prevailing party

Defenses Available to Alleged Infringers

• The patent is invalid (e.g., lack of novelty or inventive step)
• The invention was not patentable
• The accused product/process does not fall within the scope of any claim
• The patent is not worked in India (compulsory licensing considerations)
• Exhaustion doctrine: legitimately purchased products may be used/resold

Typical Infringement Procedure

1. Cease & Desist Notice — Often sent before litigation
2. Filing of the infringement suit — In the appropriate court
3. Injunction hearing — To seek immediate restraint
4. Submission of evidence — Expert reports, samples, charts
5. Trial and judgment
6. Appeals, if required

Selected Case Laws (Recent & Important)

• F. Hoffmann-La Roche Ltd. v. Cipla Ltd. (2009) — Delhi HC balanced public interest in access to medicines with patent rights.
• Merck v. Glenmark (2015) — Landmark case where damages were awarded in India for patent infringement.
• Philips v. Bhagirathi Electronics (2019) — Court held a patent holder may be entitled to royalty even if infringement was unintentional.

Preventing Patent Infringement — Practical Steps

• Conduct a Freedom-to-Operate (FTO) search before product launch
• Monitor competitor products and patent filings regularly
• File patents strategically — divisional, continuations, incremental claims
• Implement an internal IP policy for R&D and business teams
• Train technical and business staff on IP risks and compliance

How RegistrationMART Helps

RegistrationMART offers end-to-end patent protection and enforcement services:

• Patent watch & monitoring services
• Drafting infringement reports and FTO opinions
• Pre-litigation advisory and mediation
• Coordination with partner law firms for litigation and enforcement

FAQs

Q1. Can an expired patent be infringed?

No. Patent rights last for 20 years from the filing date. After expiry the invention enters the public domain and cannot be infringed.

Q2. Can I import a patented product from another country?

Generally yes only if it was legally sold and the patent rights are exhausted. Import into India may still be restricted if Indian patent rights cover the product.

Q3. What is the penalty for patent infringement?

In India, remedies are civil — damages, injunctions, account of profits, and seizure/destruction of goods. There is typically no criminal liability for mere patent infringement.

Conclusion

Patent infringement threatens the value and exclusivity of innovation. Timely enforcement, strategic filings, and proactive monitoring are essential. RegistrationMART provides full support — from patent filing and monitoring to infringement assessment and litigation coordination — to secure your inventions in India.