Glossary · Intellectual Property
Patent Infringement
The unauthorised making, using, selling, offering for sale, or importing of a patented invention in India, in violation of the patentee's exclusive rights.
Patent infringement in India is governed by the Patents Act, 1970 and is tried by District Courts designated as Patent Infringement Courts. Remedies include injunction (interlocutory or permanent), damages or account of profits, and delivery or destruction of infringing goods. Criminal prosecution is also possible under Section 120 of the Indian Penal Code for fraudulent use. The patent owner can also seek border seizure of infringing imports by notifying customs.
Examples
A generic drug manufacturer launching a copy of a patented molecule before patent expiry faces an infringement suit from the patent holder.