Remedies Available to Patentee in Case of Infringement of Patent Rights in India

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Remedies Available to Patentee in Case of Infringement of Patent Rights (India)

When a person or entity uses a patented invention without permission or license, it amounts to patent infringement under the Indian Patents Act, 1970. The patentee is entitled to seek remedies under law to protect their exclusive rights.

1. Legal Basis of Remedies

• Section 108 of the Patents Act, 1970 provides the framework for civil remedies available to a patentee.

• Infringement suits are civil in nature and are filed before a District Court or High Court, having jurisdiction.

2. Civil Remedies Available to the Patentee

(a) Injunction

An injunction is a court order stopping the infringer from continuing the violation.

• Types of Injunctions:

  • Temporary (Interim) Injunction: Granted during the pendency of the suit to prevent ongoing infringement.

  • Permanent Injunction: Granted after the conclusion of the trial if infringement is proved.

• Purpose: To restrain the infringer from manufacturing, using, or selling the patented invention.

(b) Damages or Account of Profits

The patentee can choose either damages or account of profits.

• Damages:

  • Compensation for loss suffered due to infringement.

  • Calculated based on actual loss or estimated market impact.

• Account of Profits:

  • The infringer must hand over the profits earned from the infringement to the patentee.

  • Avoids duplication of gain for patentee (i.e., can’t claim both damages and profits).

(c) Delivery or Destruction of Infringing Goods

• The infringing products, tools, or materials used in infringement may be ordered to be delivered up or destroyed.

• Helps prevent further circulation of illegal products in the market.

3. Other Remedies

(a) Anton Piller Order

• A search and seizure order granted without informing the infringer.

• Prevents destruction of infringing materials or evidence.

• Effective in cases where there is risk of losing vital proof.

(b) Mareva Injunction (Freezing Order)

• Prevents the infringer from disposing of their assets to avoid paying damages or costs if found guilty.

• Ensures execution of the decree passed in favor of the patentee.

(c) John Doe Orders

• Issued against unknown infringers, especially in digital or online environments.

• Helps take action against unknown persons who might infringe the patent.

4. Criminal Liability (In Certain Related Cases)

• Though the Patents Act doesn’t specify criminal remedies for infringement, if the act of infringement also includes fraud, counterfeiting, or deception, then provisions of Indian Penal Code or other laws may be invoked.

5. Jurisdiction and Court Procedure

• Suits related to patent infringement must be filed in a District Court or High Court (where the defendant resides or conducts business).

• The Commercial Courts Act, 2015 fast-tracks disputes involving commercial value over ₹3 lakhs.

• Courts may appoint scientific advisors or experts to understand technical matters under Section 115 of the Patents Act.

6. Burden of Proof

• The patentee has to prove that:

  • The patent is valid and in force.

  • The infringer is using or selling the patented product or process.

• In process patents, if the product is identical, the burden may shift to the alleged infringer to prove non-infringement (Section 104A).

7. Time Limit for Action

• There is a three-year limitation period from the date of infringement to file a suit.

8. Remedies Against Groundless Threats

• Under Section 106, any person threatened with groundless threats of infringement proceedings may file a suit against the patentee for:

  • Declaration of non-infringement.

  • Injunction against the threats.

  • Damages, if any suffered.