All conditions under section 64 (revocation of patents) shall be used as a defence upon cases for infringement of a patent. As per section 47 (grant of patents subject to certain conditions) any patent used or made or imported or medicine distributed for the purposes of government or for test or for explanation purpose to students…
any act of making or using or selling or importing a patented invention merely for the purposes of development and submission of information required under any law in India or in a foreign Country that regulates the manufacture or using or selling or importing any product is not an infringement import of patented products by…
The Court may order a warning with certain terms and conditions and as per the opinion of the patentee or any person with right on the Patent (plaintiff) order for all damages or a share of profits. The court may also order to seize, invalidate or destroy all goods, implements and materials infringing the patent…
Exclusive licensee of a patent holds the same rights as a patentee to file a case against infringement and claim for damages as deemed fit in terms of profit or loss suffered in present may be in future to the court from the date of license. The patentee unless joined in such a case of…
Unlike the exclusive licensee, a person with a license granted under section 84 (compulsory licenses) if found an infringement; shall call upon the patentee to take actions preventing the infringement of the patent. If the patentee within 2 months after being so called upon does not take any actions; the licensee shall institute the proceedings…
When a patentee or a person with right on a patent files a case of infringement against another person (defendant); the court shall not grant damages or profits against the defendant if at the date of infringement, the defendant was unaware by reasonable grounds that a patent for the product or the process existed. Upon…