Patent Rights and Infringement - Manav Puri@LexCliq

 Patent Rights and Infringement – Manav Puri@LexCliq

Introduction;

A patent is an exclusive right granted by the government to the inventor to exclude

others from using, making and selling an invention for a specified period of time.

A patent is also available to improve your earlier invention. The main motto for

passing a patent law is to encourage inventors to contribute more in their field by

giving them exclusive rights to their inventions. In modern terms, the patent is

commonly known as the right granted to an inventor for his invention of a new,

useful, and non-obvious process, machine, article of manufacture, or composition

of matter. There are three basic tests for any invention to be patentable;

 First, the invention must be new, which means that the invention must not

exist.

 Second, the invention need not be obvious, that is, the invention needs to be

a substantial improvement on the previous one, mere change of technology

will not grant the inventor a patent right.

 Third, the invention must be useful in good faith, which means that the

invention cannot be used solely for illegal work and is useful to the world in

good faith.

Rights of the Patentee;

1. Right to exploit patent – The patentee has the exclusive right to use,

practice, sell or distribute the patented article or substance in India or to use

or practice the method or process if the patent is for a person is determined.

This right may be exercised by the patent owner himself or by his agent or

licensee. The rights of the patent owner can only be exercised during the

term of the patent.

2. Right to grant license – The patentee may assign or license rights, or enter

into any other arrangement for consideration, at its sole discretion. A license

or assignment must be in writing and registered with the Patent Controller to

be lawful and valid. The document assigning a patent is not acceptable to

anyone as proof of ownership unless it is registered, and that applies to the

assignee, not the assignor.

3. Right to Surrender – A patentee has the right to waive his patent, but

before accepting the offer of waiver, a waiver will be addressed to the

persons who are entered in the register as interested parties in the patent and,

if any, are deemed to be Objection. The extradition request will also be

published in the Official Gazette so that interested persons can lodge an

objection.

4. Right to sue for infringement – The patentee has the right to sue for

infringement of the patent in a district court having jurisdiction over the suit.

Patent Infringement;

Patent infringement is an infringement that involves the unauthorized use,

production, sale, or offering for sale of someone else's patent subject matter or

invention. There are many different types of patents, such as utility model patents,

design patents, and plant patents. The basic idea behind patent infringement is that

unauthorized persons cannot use patents without permission from the owner. patent

infringement occurs directly or indirectly;

1. Direct patent infringement – The most common form of patent

infringement is direct infringement, where the invention is actually

described as infringing the patent claims, or the invention performs

essentially the same function.

2. Indirect patent infringement – Another form of patent infringement is

indirect infringement, which is divided into two types;

 Infringement by inducement – Any third-party activity that induces

another person to directly infringe the patent. This may include selling parts

that can realistically only be used for a patented invention, selling an

invention with instructions for use in a particular method that infringes a

method patent, or licensing an invention covered by someone else's patent.

The inductor must witness the intentional infringement, but does not require

intent to infringe the patent.

 Contributory infringement – This is the sale of hardware components that

are manufactured for use in a patented invention and have no other

commercial use. There is significant overlap with claims, but contributory

breaches require a high level of delay. Seller's violations must have direct

infringing intent. To be an obligation for indirect breaches, a direct breach

must also be an indirect act.

Remedies for Infringement;

Patent infringement suits can result in far greater losses than other types of suits.

Some laws, such as the Patent Act, allow plaintiffs to recover damages. Several

remedies are available to patent holders in the event of infringement;

1. Monetary Relief – Monetary relief in the form of compensatory damages is

available to prevent patent infringement;

 Indemnity compensation – A patent owner may have lost profits for

infringement when they established the value of the patent.

 Increased damage – Up to three times, compensation charges can be

charged in cases of will or violation of will.

 The time period for damages – The right to damages can be claimed only

after the date when the patent was issued and only 6 years before the

infringement claim is filed.

2. Equitable relief – Orders are issued by the court to prevent a person from

doing anything or Act. Injections are available in two forms:

 Preliminary injunction – Orders made in the initial stage of lawsuits or

lawsuits that prevent parties from doing an act that is in dispute.

 Permanent injunction – A final order of a court which permanently ceases

certain activities or takes various other actions.

Conclusion;

Patents can provide individuals and businesses with great value and increased

returns from investing in the development of new technology. Patenting must be

done with an intelligent strategy that balances commercial interests in

implementing the technology with a wide range of options when seeking how,

where and when to patent. For example, a company with a focus on international

considerations and regulations in specific countries can achieve significant savings

and improve the law.

Author Name – Manav Puri@LexCliq