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Patent Infringement


Patent infringement is a violation that involves the unauthorized use, production, sale, or offer of sale of the subject matter or Invention of another’s patent. Many types of patents exist, such as utility, design, and plant. The basic idea behind patent infringement is that unauthorized parties cannot use patents without the owner’s permission.

When there is an infringement of a patent, the court generally compares the subject matter covered under the patent with the subject matter used by the “infringer.” infringement occurs when the infringer Uses patent material in the exact form. Patent infringement is an act of any unauthorized manufacture, sale, or use of a patented invention. Patent infringement occurs directly or indirectly.

Direct patent infringement: The most common form of infringement is direct infringement, where the Invention that infringes patent claims is described or performs substantially the same function.

Indirect patent infringement: Another form of patent infringement is divided into two types: direct and indirect.

  • Infringement by inducement is any activity by any third party that directly causes another person to infringe on the patent. It may include selling parts that can only be used realistically for a patented invention, selling a design with instructions to use in a particular method that infringes on a method patent or licensing a vision covered by another patent. The inducer must assist intentional infringement but does not require intent to infringe on the patent.
  • Contributory infringement is the sale of material components made for use in a patented invention with no other commercial use. There is a significant overlap with indications, but contributor violations require a high level of delay. Violations of the seller must have direct infringement intent. 

Remedies for Patent Infringement:

  • Patent infringement lawsuits can result in significantly higher losses than other cases. Some laws, such as the Patent Act, allow plaintiffs to recover damages. Patent infringement is the illegal manufacture or usage of an invention or improvement of someone else’s Invention or subject matter who owns a patent issued by the Government without taking the owner’s consent either by consent, license or waiver. Several remedies are available to patent owners in the event of an infringement. Measures available in patent infringement litigation may include monetary relief, equal relief and costs, and attorneys’ fees.

Monetary Relief: Monetary relief in the form of compensatory damages is available to prevent patent infringement:

  1. Indemnity compensation – A patent owner may have lost profits for infringement when they established the value of the patent.
  2. Increased damage – Up to three times, compensation charges can be charged in cases of will or violation of choice.
  3. The period for damages – The right to claim damages for injuries can only be exercised after the patent is issued and within six years before filing an infringement claim.

Equitable relief: The court issues orders to prevent a person from doing anything or acting. Injunctions are available in two forms.

1. Preliminary injunction – Orders made in the initial stage of lawsuits or lawsuits that prevent parties from doing an act that is in dispute (such as making a patent product)

2. Permanent injunction – A final court order permanently ceases certain activities or takes other actions.

FAQs for Patent infringement:

1. What is patent infringement?

  • Patent infringement refers to the unauthorized use, making, selling, or importing of a patented invention.

2. How is patent infringement proven?

  • Proving patent infringement involves demonstrating that the product or process in question falls within the scope of the claims specified in the patent.

3. What are the consequences of patent infringement?

  • Consequences may include legal actions, injunctions, damages, or royalty payments.

4. Can unintentional infringement still lead to legal consequences?

  • Yes, unintentional infringement can still lead to legal consequences, and ignorance is not a defence.

5. How can a patent holder enforce their rights against infringement?

  • A patent holder can enforce their rights by filing a lawsuit in a court with jurisdiction over patent matters.

6. What defences are available against a patent infringement claim?

  • Common defences include challenging the patent’s validity, arguing non-infringement, or claiming a license or statutory immunity.

7. How can companies avoid patent infringement?

  • Companies can avoid infringement by conducting thorough patent searches, obtaining licenses, or developing unique technologies.

8. Can a patent infringement lawsuit be settled outside of court?

  • Negotiation, mediation, or alternative dispute resolution methods often resolve numerous patent infringement cases.

9. What is the statute of limitations for filing a patent infringement lawsuit?

  • The statute of limitations varies, but generally, it is within six years of discovering the infringement.

10. How can international patent infringement cases be addressed?

  • International cases often involve treaties and agreements, and resolution may require legal action in multiple jurisdictions.

11. How can I determine if someone is infringing on my patent? 

  • To identify patent infringement, you should consult with a patent attorney who can analyze the claims of your patent and compare them to the activities of the alleged infringer.

12. What damages can I recover in a patent infringement case? 

  • In a patent infringement lawsuit, you may recover compensatory damages and enhanced damages in claims of willful infringement, and you can file for damages within six years of discovering the breach.

13. What is the difference between direct and indirect patent infringement? 

  • Direct infringement occurs when an invention violates a patent’s claims. Third parties actively encourage infringement through inducement, and components for patented designs are sold without any other commercial use in contributory infringement.


G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.