Patent Infringement

What Is Patent Infringement?

Patent infringement occurs when a third party makes, uses, sells, or imports a patented invention without the permission of the patent holder. Under Section 48 of the Indian Patents Act, 1970, patentees have the exclusive right to:

• Make, use, offer for sale, sell, or import the patented product or process in India.

• Prevent others from doing the same without consent.

Infringement can be:

• Direct: Unauthorised use of the patented invention.

• Indirect: Contributing to or inducing infringement by others.

Legal Framework in India

Key Provisions

• Section 48: Grants exclusive rights to patentees.

• Section 107A: Provides exemptions for research and development activities.

• Section 100: Allows government use of patented inventions under certain conditions.

• Section 108: Enables patentees to initiate infringement suits in civil courts.

Enforcement

• Patent infringement suits are typically filed in:

1. District Courts: For cases involving smaller claims.

2. High Courts: For cases involving larger claims or complex issues.

• The courts can grant:

1. Permanent Injunctions: To prevent further infringement.

2. Damages or Accounts of Profits: To compensate the patentee.

3. Destruction of Infringing Goods: To eliminate counterfeit products.

Defences Against Patent Infringement

Common defences include:

• Non-Infringement: Arguing that the defendant's product or process does not fall within the scope of the patent claims.

• Invalidity: Claiming that the patent is invalid due to lack of novelty or inventive step.

• Bolar Exemption: Using the patented invention solely for research and development purposes.

• Government Use: Use of the patented invention by the government under Section 100.

• Innocent Infringement: Demonstrating that the infringement was unintentional and without knowledge of the patent.

Recent Case Law 

• Natsoft vs. Hexaware Technologies : In October 2025, U.S.-based Natsoft and its subsidiary Updraft sued Mumbai's Hexaware Technologies in the U.S. for $500 million, alleging patent infringement. This case underscores the increasing importance of international patent enforcement and the potential financial stakes involved.
• Communication Components Antenna Inc. v. Ace Technologies Corp : In April 2023, the Delhi High Court upheld a finding of patent infringement in favor of Communication Components Antenna Inc., a Canadian-American company, against Ace Technologies Corp., a Korean firm. The court emphasized that a known product, when specifically modified to provide a specified result of economic value, can be considered patentable.
• ER Squibb & Sons v. Zydus Lifesciences : In July 2025, the Delhi High Court granted an interim injunction in a patent dispute concerning biosimilars, marking a significant development in patent jurisprudence in India.

Recent Developments

• Patent Amendment 2025: Introduced to strengthen intellectual property protection and streamline the patent process in India.

• CRI Guidelines 2025: Updated guidelines for the examination of computer-related inventions, including AI and software patents.

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