BUSINESS

LEGISLATION
-RAVEENA CHANDNANI
SY BBA
ROLL NO.23

INFRINGEMENT AND REMEDIES

UNDER PATENT

MEANING OF THE TERM PATENT

IT REFERS TO THE GRANT OF SOME

PRIVILEGE, PROPERTY OR AUTHORITY MADE

BY THE GOVERNMENT OR THE SOVEREIGN OF
THE COUNTRY TO ONE OR MORE
INDIVIDUALS. THE INSTRUMENT BY WHICH
SUCH GRANT IS MADE IS TERMED AS PATENT.

INFRINGEMENT OF
PATENTS
A PATENT CONFERS THE EXCLUSIVE RIGHT ON

THE PATENTEE TO MAKE, DISTRIBUTE OR SELL

THE INVENTION IN THE COUNTRY. (INDIA, IN
THIS CASE)
WHEN ANY OF THESE RIGHTS IS VIOLATED, IT

WOULD BE KNOWN AS ITS INFRINGEMENT.

IN CASE OF A PRODUCT PATENT, THE RIGHTS

OF THE PATENTEE ARE INFRINGED BY ANYONE

OTHER THAN THE PATENTEE WHO MAKES OR
SUPPLIES THAT SUBSTANCE COMMERCIALLY.
IN CASE OF A PROCESS PATENT, THE RIGHTS

OF THE PATENTEE ARE INFRINGED BY ANYONE

OTHER THAN THE PATENTEE WHO MAKES USE
OF SUCH A METHOD/ PROCESS.

DETERMINATION OF
INFRINGEMENT
WHETHER THE ACT OF THE PATENTEE AMOUNTS TO

INFRINGEMENT OR NOT WOULD DEPEND ON:

1. THE EXTENT OF THE MONOPOLY RIGHT CONFERRED
BY THE PATENT, WHICH IS INTERPRETED FROM THE
SPECIFICATION AND CLAIMS CONTAINED IN THE
PATENTEES APPLICATION.
2. WHETHER HES INFRINGED/ IS INFRINGING ANY OF
THE MONOPOLY RIGHTS OF THE PATENTEE TO
MAKE, DISTRIBUTE OR SELL THE INVENTION.

CONSTRUCTION OF CLAIMS
AND INFRINGEMENT
DEPEND ON THE SCOPE OF MONOPOLY

RIGHTS OF THE PATENTEE

IF A PATENT HAS SEVERAL ESSENTIAL

FEATURES AND THE PATENTEE CLAIMS ONLY

FEW OF THEM, THE INFRINGER CAN TAKE
ADVANTAGE OF THE SITUATION BY DESIGNING
AROUND THE FEW CLAIMED FEATURES,
WHICH WONT BE POSSIBLE IF THE PATENTEE
CLAIMS ALL OF THEM.

WHAT CAN AMOUNT TO

INFRINGEMENT?
THE COLOURABLE IMITATION OF AN

INVENTION
IMMATERIAL VARIATIONS IN THE INVENTION
MECHANICAL EQUIVALENTS
TAKING ESSENTIAL FEATURES OF THE
INVENTION

INFRINGEMENT ON THE BASIS

OF FACTS OF EACH CASE
SCIENTIFIC PRINCIPLES
CHEMICAL EQUIVALENTS
COMBINATION CLAIMS

REMEDIES AGAINST INFRINGEMENT

WHENEVER THE MONOPOLY RIGHTS OF A

PATENTEE ARE INFRINGED, THEY ARE

SECURED AGAIN UNDER
SECTION 104A BY
THE ACT THROUGH JUDICIAL INTERVENTION.
THE PATENTEE HAS TO FILE A SUIT FOR
INFRINGEMENT IN THE DISTRICT COURT OR IN
THE HIGH COURT. (IF IT HAS JURISDICTION TO
TRY THE SUIT)

FORMS OF RELIEFS
AWARDED
INTERLUCOTORY/INTERIM INJUNCTION
DAMAGES/ACCOUNTS OF PROFIT
PERMANENT INJUCTION

INTERIM INJUCTION
AN INJUCTION IS AN ORDER OF A COURT

PROHIBITING SOMEONE FROM DOING SOME

SPECIFIED ACT OR COMMANDING SOMEONE
TO UNDO SOME WRONG/INJURY.
ITS A PREVENTIVE AND PROTECTIVE REMEDY.

DAMAGES/ACCOUNTS OF PROFT
A SUCCESSFUL PLAINTIFF IS A SUIT IS ENTITLED TO

THE RELIEF OF DAMAGES PR ACCOUNT OF PROFITS

BUT BOTH THE RELIEFS CANNOT BE GRANTED
TOGETHER.
NEITHER OF THEM CAN BE GRANTED WHERE
1. THE INFRINGEMENT WAS OUT OF INNOCENCE
2. IT WAS COMMITTED AFTER THE FAILURE OF THE
PATENTEE TO PAY THE RENEWAL FEE WITHIN THE
STIPULATED TIME
3. WHERE THE SPECIFICATION HAS BEEN AMENDED
AND THE INFRINGEMENT WAS COMMITTED BEFORE
THE DATE OF SUCH AMENDMENT

EXCEPTIONS
NEITHER OF DAMAGES/ACCOUNTS OF PROFIT

CAN BE GRANTED WHERE:

1.
THE INFRINGEMENT WAS OUT OF
INNOCENCE
2. IT WAS COMMITTED AFTER THE FAILURE OF
THE PATENTEE TO PAY THE RENEWAL FEE
WITHIN THE STIPULATED TIME
3.
WHERE THE SPECIFICATION HAS BEEN
AMENDED AND THE INFRINGEMENT WAS
COMMITTED BEFORE THE DATE OF SUCH
AMENDMENT

FINAL INJUCTION
SUCH INJUCTION IS GRANTED AFTER THE TIME

FOR WHICH THE PATENT HAS BEEN GRANTED

HAS EXPIRED. THEREAFTER, THE GENERAL
PUBLIC HAS THE RIGHT TO EXPLOIT THE
PATENT WITHOUT BEING HELD LIABLE FOR
INFRINGEMENT.

OBJECT OF AWARDING DAMAGES

TO COMPENSATE FOR THE LOSS/INJURY

SUFFERED BY THE PLAINTIFF DUE TO THE

ACTION OF THE INFRINGER

MANNER OF ASSESSMENT
OF DAMAGES
WHERE THE PATENTEE MANUFACTURES THE

PATENTED PRODUCT HIMSELF, THE MEASURE

OF DAMAGES WILL BE THE PROFIT HES HAVE
EARNED BY SALE OF HIS ORIGINAL PRODUCTS
IF THEY WOULDNT HAVE BEEN SUBSTTUTED
BY INFRINGED ONES
IN CASE OF WORKING THE INVENTION, THE
MEASURE OF DAMAGES WOULD BE ROYALTY

ACCOUNTS OF PROFITS
THEY ARE DETERMINED ON THE BASIS OF THE

ACTUAL USE OF THE PATENTEES INVENTION

BY THE INFRINGER DURING THE PERIOD OF
COMMISSION OF THE ACT OF INFRINGEMENT.
ACCOUNT OF PROFITS IS THE PART OF

PROFITS WHICH CAN BE ATTRIBUTED TO THE

USE OF THE PATENTEES INVENTION BY THE
INFRINGER.

THANK YOU