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…
If any cases are under trial before the Appellate Board or the High Court for revocation of a patent under sections 64 and 104, where the validity of any claim is opposed and if the Appellate Board or the High Court finds the claim to be valid, it shall provide a certificate to the patentee…
When a patentee files an infringement case on a patent and if the Court finds that the infringement is valid for one or more claims but not valid for any (other) claims, the Court may order relief for only the claims that are infringed. Such relief shall not just be an order of warning (injunction)…
Whether applied for by any parties or not, if the Court requires scientific advisers report on matters of such infringement cases which are apart from law, the Court may at its discretion appoint a Scientific adviser to assist the Court in the proceedings of the Case. Remuneration for such scientific advisers shall be fixed by…
The Appellate Board shall be the board established under Trademarks Act, 1999 for any purpose of the Indian Patents Act, 1970. The Technical Member of the Appellate Board shall have the following qualifications for being appointed in such designation he should have served as a Controller or exercised the powers of a Controller for at least…
The appointments, nature and categories of officers and other employees to assist the Appellate Board shall be as decided by the Central Government as it thinks fit. The Salaries, allowances and conditions of service of such officers and employees shall be as decided by the Central Government The Officers and other employees of the Appellate…
In case an inventor has a concept or an idea that is incomplete or have to be completed which might require sometime, then he shall file an application for a patent with a simple abstract with maximum possible information stating that the invention could be this or that addressing any problem that it might solve if…