LEGAL REPORT ON SUITS CONCERNING PATENT INFRINGEMENT UNDER THE INDIAN PATENTS ACT, 1970

INTRODUCTION:-

Patent infringement occurs when someone uses, makes, sells, or distributes a patented invention without the patent owner’s consent. In India, the Patents Act 1970 regulates these cases. This law outlines the rights of patent holders and the legal actions they can take if someone violates their patents.

This report examines the main aspects of Indian patent law. It covers how courts handle infringement cases, the legal options available to patent holders common defenses in these lawsuits, and landmark court decisions that have influenced patent laws in India.

Governing Laws and Regulations:-

Patent infringement occurs when someone uses, creates, sells, or distributes a patented invention without the owner’s approval.

The Patents Act 1970, Section 48 states that the patent holder has the legal right to:

• Make, use, sell, or distribute their invention in
• Prevent others from manufacturing or using their patented product without
• Manage how their invention sees commercial

Any violation of these rights without authorization constitutes patent infringement under Indian law.

Types of Patent Infringement

Patent infringement can take various forms, including:

• Direct Infringement – This happens when someone replicates and uses a patented invention as it is without permission.
• Indirect Infringement – This happens when someone aids or pushes another person to violate patent law.
• Literal Infringement – Here, the product or process matches the patent description making it a clear breach.
• Doctrine of Equivalents – Even if a product or process isn’t a carbon copy, it’s still seen as infringement if it functions and gets the same outcome as the patented invention.

Legal Jurisdiction and Case Proceedings:-

If someone brings a patent infringement lawsuit, they must take it to a District Court with the legal power to handle it, according to Section 104 of the Patents Act.

But if the accused party questions the patent’s validity and requests its cancellation, the case moves to the High Court to undergo further examination.

These days commercial courts under the Commercial Courts Act, 2015 handle many patent disputes, which helps to resolve cases quicker and more .

Remedies Available Under the Indian Patents Act 

When someone uses a patented invention , the Indian Patents Act offers different ways to take action, including civil, criminal, and administrative remedies.

1. Civil Remedies (Section 108) A patent holder can ask the court for:

• Injunctions (Court Orders to Stop Infringement)
• Temporary Injunction – A court can stop the infringer from using the patented invention for a short time while the case is ongoing.
• Permanent Injunction – Once the case ends, the court might ban the infringer from future violations forever.

2. Money Compensation
   • The court could tell the infringer to pay for any money losses the patent holder

3. Getting Back Profits

• If the infringer made money using the patented invention, they might have to give those earnings to the patent owner

4. Taking and Destroying Illegal Products

• The court could take or destroy products made or sold that broke the patent

B.Criminal Remedies (Section 120)

While patent disputes end up as civil cases, serious infringements can lead to criminal charges. Offenders might have to pay fines or even go to jail.

1. Administrative Remedies

Compulsory Licensing (Sections 84 & 92)

• The government has the power to allow another company to make a patented invention without the patent holder’s okay. This happens when the invention costs too much or people can’t get it .

2. Patent Revocation (Section 64)

• Someone who thinks a patent shouldn’t exist can fight it in They can ask the court to cancel the patent.

These solutions protect patent owners and make sure the public can access important inventions when needed.

Case Laws on Patent Infringement

1. Dunlop Pneumatic Tyre Ltd. v. Neal
   • The court decided that buyers of patented products can fix them but can’t make new ones from them.
   • The defendants tried to copy the main parts of the plaintiff’s product by taking it apart and rebuilding it.
   • The court saw this as a clear violation of patent rights and told the defendants to stop making and selling the copied product.
2. Laxmi Dutt Roop Chand Nankau & Others

• The Allahabad High Court explained that patent infringement can occur in several ways, including using an exact replica or a altered version of a patented product.
• If someone uses a major and innovative part of a patented invention even without copying the whole thing, it might still count as infringement.
• The court stressed that copying even a portion of a patented process or product can result in legal action if the copied part is innovative and key to the

3. Bajaj Auto v. TVS Motor Company Ltd. 2009(12) sc 103

• Bajaj claimed TVS copied its DTS-i engine technology without
• The Madras High Court blocked TVS from selling its Later, this ban was removed letting TVS keep selling its motorcycles.

4. Novartis AG Union of India (2013)6 scc 1
   • Novartis sought a patent for its cancer drug Glivec, but the Indian government denied it. The company then disputed this decision in court.
   • The Supreme Court decided against Novartis stating that the drug didn’t meet the requirements in Section 3(d) of the Patents Act. This law stops patents for small changes to existing drugs unless they bring big health improvements.

Conclusion 

Patent infringement cases in India can be complicated. The law needs to protect inventors but also keep important products—medicines—affordable for everyone.

In some cases, courts back patent owners letting them protect their inventions. But when a patent makes crucial medicines too costly, courts have ruled against it to make sure people can still get life-saving treatments.