What is Patent Infringement?

We want to fully grasp whether or not patent infringement has occurred or not, and in order to verify the infringement it is necessary to ascertain the scope of protection of the patented invention, basically from the patent specification and patent claims. Thereafter, it is very important to study the interpretation of the wording ("literal infringement"), which is the standard rule of patent infringement. What is meant by literal infringement? Literal infringement is nothing but when all the components in the infringing product are present in the claimed product. Often, assessing literal infringement only would not establish the grounds of patent infringement. Even even though some components could possibly not be literally infringing, we will have to study regardless of whether the elements are "performing substantially the very same function, in substantially the similar way, and accomplish the exact same result". This step is referred to as, the "doctrine of equivalence". The above analysis can be performed with the aid of patent attorneys/patent lawyer, who has the techno-legal background.

Do you know who is liable for patent infringement? Your answer may possibly be the actual manufacturer of infringing item, but also the users of the patented invention or other people who are indirectly connected with such infringing activity, are liable for infringement.

There are different approaches of establishing patent infringement and a suit for infringement must be instituted inside three years from the date on which the plaintiff very first knew the infringement (Under Section 88). The plaintiff can be i) the patentee, i.e., the individual registered in the Register of Patents as the grantee or proprietor of the patent, or ii) t he holder of an exclusive license provided the license is registered, or iii) The holder of a compulsory license in the event the patentee fails to institute proceedings on the request of the compulsory license holder, or iv) an assignee of a patent supplied an application for registration of assignment has been filed prior to the date of filing the suit or v) a co-owner of a patent is not expressly entitled in the Act to bring an action for infringement on his own without joining the other people.

Now, the question of interest would be whether a third party would be liable for an infringement if the patent has lapsed. The answer is not liable for an infringement. The immunity is from the date on which the patent has lapsed till the application for restoration, if filed, is advertised in the official gazette. In case the patentee has not cared to restore his patent inside the prescribed period, the patent lapses and the invention would turn into the public domain.

In case any individual receives notice of infringement, the individual should certainly take the following vital methods: i) very first uncover out the patent number of the invention from the individual who sent the notice ii) check the patent is in force or not from the patent workplace iii) check if the individual who sent the notice is the registered proprietor of the patent iv) in case the above actions are positive, procure a copy of the specification from the patent office and study it in detail, and v) if the patentee (the individual who sent the notice) has a wonderful case, the person really should either drop the working of that invention or attempt at procuring a license from the patentee.

Finally, I would like to point out that the patented invention can be utilised for research purposes without having any liability for infringement.