This section discusses in detail about patents and its essentiality in the global business market.
Any dispute between the patentee or assignee or licensee and the Central Government or its authorised person in the terms of use of an invention for Government’s Purposes or regarding the payments or the compensation payable for acquisition of an inventions shall be taken to the High Court by either of the Parties as prescribed…
No cases on infringement or declaration of non-infringement or requesting grant for relief on groundless threats shall be filed in any court lesser in status than a district court provided a counter-claim for revocation is made by the opponent. The district court shall transfer both the cases to the High Court for decision.
If a case of infringement of a process patent is filed by a patentee or any person with right on the patent; and the patentee or the person with right on the patent proves that the products made out of the patented process and the opponent’s (defendant) process are identical to each other; the court…
This is a case voluntarily filed by any person using a patented invention before the patentee reaches to the court. Beyond the boundaries mentioned in section 34 of the Specific Relief Act, 1963, any person may file a case for declaration that the use of any process / making or sale of any product by…
If any patentee or person with rights on a patent threatens other person(s) (plaintiff) related to the proceedings for infringement of any patent by circulars or advertisements or oral or written communications and if any such persons is affected / aggrieved due to such activities of threats may file a case against the patentee or…
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…