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Patent Litigation
Patent Litigation Process in India
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Patent Litigation in India involves legal actions to protect or defend patent rights against infringement or unauthorized use. It is a critical process to safeguard the exclusive rights of the patent holder and enforce their intellectual property.
Patent litigation can occur when:
- Someone uses your patented invention without permission (Infringement).
- A third party challenges the validity of your granted patent (Revocation).
- There is a dispute between joint owners or applicants.
Types of Patent Litigation in India
- Patent Infringement Litigation: Filed when a third party uses, sells, or manufactures the patented invention without permission.
- Patent Revocation Litigation: Filed to cancel or revoke the granted patent on grounds of invalidity or non-fulfillment of legal requirements.
- Patent Opposition Litigation: Filed by third parties during the patent application process to oppose the grant of a patent.
- Declaratory Litigation: When a party seeks a declaration that their product or process does not infringe on a patent.
Step-by-Step Patent Litigation Process in India
- Pre-Litigation Stage (Legal Notice): A cease-and-desist notice is sent to the infringer, informing them of the patent holder’s rights.
- Filing a Patent Infringement Suit: If no settlement is reached, the patent holder can file a civil suit before the District Court or High Court (Commercial Division). The suit is filed under Section 104 of the Indian Patent Act, 1970.
- Interim Injunction: The plaintiff may request the court for a temporary injunction to stop the infringer from further use of the patent during the trial.
- Written Statement & Evidence Submission: The defendant must submit their reply along with evidence defending their actions.
- Examination & Cross-Examination of Witnesses: Both parties present their evidence and witnesses before the court.
- Final Arguments & Judgment: The court hears the final arguments from both sides and issues the final judgment.
- Appeals (if required): Either party can appeal the decision before the High Court or Supreme Court.
Documents Required for Patent Litigation
- Patent Registration Certificate
- Patent Specification Documents
- Proof of Infringement (Product Samples, Sales Data, etc.)
- Legal Notice Copy
- Power of Attorney (if filed through an Advocate)
Timeframe for Patent Litigation
| Litigation Stage | Time Required |
|---|---|
| Pre-Litigation Notice | 15-30 Days |
| Filing of Suit | 7-10 Days |
| Interim Injunction Hearing | 1-2 Months |
| Final Judgment | 12-24 Months |
| Appeal Process | 6-12 Months |
Grounds for Patent Revocation/Invalidation
- Lack of Novelty
- Obviousness or Lack of Inventive Step
- Non-Patentable Subject Matter
- Non-Disclosure of Material Information
- Insufficient Specification
Reliefs Granted by the Court
- Permanent Injunction: Restraining further infringement.
- Damages/Monetary Compensation: Financial compensation for patent infringement.
- Destruction of Infringing Goods: Court orders the destruction of unauthorized patent-infringing products.
- Legal Costs: Reimbursement of legal expenses incurred.
Why Choose Us for Patent Litigation?
Experienced Patent Attorneys- Fast Response & Case Filing
- Affordable & Transparent Pricing
- Expert Negotiation & Mediation Services
- Nationwide Litigation Support
- Protection of Patents at Both National & International Levels
Our Services Include:
Patent Infringement Notices- Patent Opposition Cases
- Patent Revocation Suits
- Settlement Negotiations
- Injunction Petitions
- Full Court Representation
