Patent Infringement in India: Types, Defenses & Remedies 2025

Today’s world has evolved significantly, and the creativity of individuals can be seen in many different forms. As innovation increases, so does the risk of misuse and the non-recognition of inventors. Intellectual Property (IP) is the branch of law that helps individuals seek protection for their inventions developed through their intellect. However, these protections can be infringed upon violation.

This guide explains the concept of patent infringement, its types, exceptions, and the critical details every inventor needs to know.

🔒 What is Patent Infringement?

A Patent is a legal protection given to inventors for creations developed by them. It grants the inventor exclusive rights to use, sell, or license an invention for a specific period. The provisions for safeguarding these rights are mentioned under the Patent Act, 1970.

Patent Infringement occurs when there is a violation of these rights—specifically the unauthorized making, using, selling, offering for sale, or importing of the patented invention. Under the Patent Act, 1970, infringement is considered a civil wrong (Sections 104-115), giving the patent holder the right to take legal action against the infringer.

⚙️ Types of Patent Infringement

Infringement is not always straightforward. It is categorized into several types based on the nature of the violation:

• Direct Infringement: The most common form, where an unauthorized party directly makes, uses, or sells the patented invention.
• Indirect Infringement: Encouraging or aiding another party to infringe on a patent.
• Contributory Infringement: Supplying a component of a patented invention knowing it is especially made for use in an infringement.
• Literal Infringement: The accused product or process matches the patent claims exactly.
• Doctrine of Equivalents: The product performs substantially the same function in the same way to achieve the same result, even if it is not an exact literal match.

⚖️ Remedies for Patent Infringement

Section 108 of the Patent Act, 1970 outlines the remedies available to a patent holder if infringement is proven:

• Injunction: A court order to stop the infringer from continuing the illegal activity (can be temporary or permanent).
• Damages or Account of Profits: Financial compensation for the loss suffered or a surrender of the profits made by the infringer.
• Destruction/Seizure: The court may order the seizure, forfeiture, or destruction of the infringing goods and materials.

🛡️ Defenses to Patent Infringement

When accused of infringement, a defendant may use several legal defenses:

• Invalidity: Arguing that the patent itself is invalid (e.g., lack of novelty or obviousness).
• Non-Infringement: Proving the product does not fall within the scope of the patent claims.
• Term Expiration: The patent term has ended, and the invention is now in the public domain.
• Statutory Exemption: The use falls under specific legal exceptions (see below).

🚫 Non-Infringement Categories (Exceptions)

Certain activities are legally permitted and do not constitute infringement:

• Academic Research: Use for experiment or research purposes.
• Government Use: If permitted by the government for specific purposes.
• Regulatory Authority (Bolar Exemption): Research done for regulatory submissions (e.g., generic drug development).
• Personal Use: Non-commercial, private use.
• Parallel Import: Import of patented products that were legally sold in foreign markets.

⚠️ Consequences of Patent Infringement

Beyond legal penalties, infringement can lead to:

• Financial Loss: Heavy legal costs and damages payments.
• Business Disruption: Halt in production and supply chains.
• Seizure of Products: Loss of inventory.
• Reputational Damage: Loss of trust in the market.
• Protracted Litigation: Legal proceedings may stretch for a long time.

📝 Checklist for Filing an Infringement Suit

• Proper Plaintiff: The suit must be filed by the patent owner, exclusive licensee, or legal representative.
• Jurisdiction: Ensure the suit is filed in the correct District Court or High Court.
• Statute of Limitations: The time period for filing is 3 years from the date of infringement.
• Costs: Be prepared for litigation costs.

✅ Conclusion

Patent Infringement is a serious legal concern that violates the rights of inventors. While filing for infringement, one must be aware of the valid defenses and exceptions. It is crucial to file suits within the 3-year limitation period and seek professional legal assistance to navigate the complexities of the Patent Act, 1970.

📚 References

• Patent Act, 1970 (Sections 104-115)
• Indian Limitation Act
• Guide to IPR in India