Infringement of Patents and Remedies for Infringement of Patents
Infringement of Patents
Meaning:
Patent infringement occurs when a person or entity uses, makes, sells, offers for sale, or imports a patented product or process without the permission of the patent holder during the term of the patent.
Types of Patent Infringement:
Direct Infringement:
Occurs when someone performs any of the exclusive rights of the patent holder without authorization.
Example: Manufacturing or selling a patented product without a license.
Indirect Infringement:
Induced Infringement: Encouraging or aiding someone else to infringe a patent.
Contributory Infringement: Supplying components specifically made for use in a patented invention.
Literal Infringement:
The infringing product or process exactly matches all elements of at least one claim of the patent.
Doctrine of Equivalents (in some jurisdictions):
Even if there is no literal infringement, if the accused product or process performs substantially the same function in substantially the same way to achieve substantially the same result, it may still be considered infringement.
Remedies for Infringement of Patents
When a court finds that a patent has been infringed, the patent holder is entitled to seek legal remedies. These may be civil or (in some jurisdictions) criminal.
1. Injunction (Section 108, Indian Patents Act):
Temporary/Interim Injunction: Granted during litigation to prevent ongoing infringement.
Permanent Injunction: Granted after final judgment to prevent future infringement.
2. Damages or Compensation:
Compensatory Damages: To cover losses suffered by the patent holder.
Punitive Damages (in some jurisdictions): To punish willful infringement.
In India, compensation is usually granted based on the actual damage or loss suffered.
3. Account of Profits:
Instead of damages, the court may order the infringer to hand over profits earned from the infringement to the patent owner.
4. Seizure, Forfeiture, and Destruction:
The court may order the seizure or destruction of infringing goods and tools used for producing them.
5. Criminal Remedies (in some jurisdictions):
Willful infringement, especially counterfeiting, may lead to fines or imprisonment. This is more common in cases of trademark infringement but may apply in serious cases of patent infringement in some countries.
Relevant Legal Provisions (India):
Indian Patents Act, 1970
Section 48: Rights of patentees
Section 104: Suit for infringement
Section 108: Reliefs in suits for infringement
Section 111: Limitation of damages (no damages if the infringer proves he was unaware of the patent)
Conclusion:
Patent infringement undermines innovation and the rights of inventors. Legal systems across the world provide strong remedies to patent holders, including injunctions, damages, and sometimes criminal prosecution, to protect intellectual property and encourage technological progress.
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