Patent Infringement Law in India

What is a patent check and why such check is required?

Before filing a patent request for your invention, you should check if it is really new. If there is already a patent registered for your invention, or a patent exists which is similar enough to your invention, then you may not be able to get a patent, and any further investment in filing a patent request will be wasting your time and your money.

What types of patent checks exist?

Determine is this invention infringes existing patents

Patentability, or novelty, to decide whether a patent can protect a new invention.

International Patent Applications -

Google Search -

Should you hire a patent agent or an attorney?

A search is one of the most important first steps in turning an invention into a patent. A patent confers the exclusive right on the patentee to make, distribute or sell the invention in India.

What can amount to infringement

(2) Immaterial variation in the invention.

Action of Infringement

The patentee has to institute a suit for infringement.

Section 104 of the Act provides that a suit for infringement shall not be instituted in any court inferior to a District Court having jurisdiction to try the suit. The suit shall be instituted in the High Court.

A suit for infringement can be instituted only after the patent has been sealed.

The period a limitation for instituting a suit for patent infringement is three years from the date of infringement.

Only the person who has a right in the patent can institute a suit for infringement.

(1) The patentee.

An assignee cannot sue for infringement which occurred prior to assignment.