Facebook-f Icon-linkedin Instagram Youtube Twitter
Login
0
0 items
No products in the cart.

Patent Infringement In India

No more delays or difficulties! Register your business with India’s #1 provider of business incorporation services. Get a 7 day Guaranteed document upload to the MCA or receive a full refund T&C* 

Today’s Offer

₹8,899  ₹2,999

Please enable JavaScript in your browser to complete this form.
Lowest Rate Guarantee

Patent Infringement- An Overview

  • A patent infringement occurs when a patented invention or process is used, manufactured, sold, or imported without the patent holder’s permission. The use, manufacture, sale, or import of an invention covered by your patent without your permission may be considered patent infringement.
  • In exchange for disclosing their inventions to the public, the government grants patents to inventors. For a limited period of time, patents grant exclusive rights to the patentee to prevent others from making, using or selling the patented invention. An infringement of a patent can occur when another person makes, uses, sells, or imports a product that violates the patent holder’s rights.
  • You may have legal recourse if you believe your patent has been infringed and seek damages. Despite this, patent infringement cases can be complex and require a thorough understanding of patent law.

Types of Patent Infringement

There are two main types of patent infringement in India:

  • Direct infringement: This occurs when someone makes, uses, sells, offers to sell, imports, or distributes a product that infringes the patent.
  • Indirect infringement occurs when someone contributes to the infringement of a patent, such as by supplying the components or materials used to make the infringing product.

Infringement Vigilance: Essential Steps and Common Infringement Platforms

Here are the steps for infringement vigilance and common platforms where infringement is taking place:

  • Identify the patents that need to be monitored: Determine which patents are important to your business and are most likely to be infringed upon.
  • Conduct regular searches: Conduct regular searches of relevant publications, industry news, and patent databases to identify potentially infringing products or processes.
  • Analyse search results: Analyse the search results to determine which products or processes may be infringing on your patents.
  • Investigate potential infringement: Investigate the potential infringement to determine the scope and extent of the infringement.
  • Notify potential infringers: Notify potential infringers of your patent rights and request that they stop the infringing activity.
  • Enforce your patent rights: If necessary, take legal action to enforce your patent rights and stop the infringement.

 

What Documents do You Need to Fight a Patent Infringement?

  • A copy of the patent in question
  • Prior art documentation
  • Documentation of your product or service
  • Evidence of infringement
  • Documentation of any licensing agreements or contracts
  • Correspondence or communication related to the patent
  • Legal documents such as court filings or subpoenas
  • Expert reports or witness statements
  • Financial documentation to demonstrate impact on business.

Platforms where Infringement is Taking Place

  • E-commerce websites: Online marketplaces like Amazon, eBay, and Alibaba are common platforms where infringing products are sold.
  • Social media: Social media platforms like Facebook and Instagram can be used to advertise and sell infringing products.
  • Trade shows: Trade shows and industry events are often used to showcase infringing products.
  • Counterfeit markets: Physical markets in some countries are notorious for selling counterfeit and infringing products.
  • Supply chain: Infringing products may be produced and sold by companies in the supply chain, such as manufacturers, distributors, and retailers.

Timeline

Free Consultation and Documentation
  • Our Expert team resolve your queries. Our consultation is completely free.
Action Required by you
  • You Need to fill up the draft, Make Payment and Submit Documents to Khata Dekho
Action By Khata Dekho
  • Once the Documents are uploaded we’ll start the step -by-step process of Incorporation

Frequently Asked Questions (FAQs)

Patent infringement occurs when a person or company makes, uses, sells, or imports a patented invention without the permission of the patent holder. The patent holder may sue for patent infringement and seek damages.

It’s important to note that infringement can occur even if the infringer is unaware of the patent. Therefore, anyone considering making, using, or selling something similar to a patented product should conduct thorough research to ensure there are no existing patents covering it. Doing so may protect them from costly litigation and other legal ramifications associated with infringing on another’s patent.

A patent is a type of intellectual property (IP) that protects the inventive concept behind a product. It may cover a new product, method or process, or a new use for a product. The invention need not be groundbreaking, and many patents cover very narrow technical advances — but it must be new, useful and inventive at the time that an application for a patent is filed. A patent can last up to 20 years on payment of annual ‘renewal’ fees.

 

While a patent provides legal protection for an invention or process, safeguarding its exclusivity and preventing others from making, using, or selling the patented invention without permission, a trademark serves to protect a name, phrase, symbol, or design that uniquely identifies and distinguishes the origin of goods or services. Trademarks play a crucial role in branding by allowing consumers to associate particular qualities or attributes with a specific product or service provider. Both patents and trademarks are essential tools in safeguarding intellectual property rights, but they serve different purposes and cover distinct aspects of innovation and brand recognition.

 

The duration of the patent application process can vary widely. On average, it can take two to four years for a patent to be granted. However, the process could be longer depending on the complexity of the invention and the backlog at the patent office.

 

A patent search is a comprehensive search of existing patents to determine if an invention or idea has already been patented. It’s an important step in the patent application process as it can save time and money by identifying potential conflicts early on.

 

A patent granted by the UKIPO grants you protection in the UK only. Filing a patent application in the UK gives rise to an internationally recognised “priority date”, whereby a further international application may benefit from the original UK filing date if filed within 12 months. International protection may be obtained by filing in foreign states directly or through centralised filing systems, e.g. with a Patent Corporation Treaty PCT (international) application or European patent application.

 

Yes, like any other property, a patent can be sold, licensed, or transferred. This can provide a source of income for the patent holder.

Furthermore, a license agreement can allow the patent holder to maintain control over their invention. When licensing or transferring patents, it’s important to ensure that all necessary paperwork is completed and proper legal counsel is obtained. This helps to protect both parties involved in the transaction and brings clarity to the contractual arrangements.

When a patent expires, the protection it offers comes to an end. This means that anyone can make, use, sell, or import the invention without infringing the patent. This can lead to increased competition, as others can utilise the previously patented invention. Once a patent expires, there is no way to renew or extend it. Therefore, it’s important for inventors to make the most of the exclusivity period and capitalise on their invention before the patent runs out. Additionally, they should consider filing applications for additional patents that build upon their existing patented inventions to protect their intellectual property rights further.

Our Trusted Clients

BLOGS