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Patent Infringement
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Patent Infringement- An Overview
A patent infringement occurs when a patented invention or process is used, manufactured, sold, or imported without the patent holder’s permission. The use, manufacture, sale, or import of an invention covered by your patent without your permission may be considered patent infringement.
In exchange for disclosing their inventions to the public, the government grants patents to inventors. For a limited period of time, patents grant exclusive rights to the patentee to prevent others from making, using or selling the patented invention. An infringement of a patent can occur when another person makes, uses, sells, or imports a product that violates the patent holder’s rights.
You may have legal recourse if you believe your patent has been infringed and seek damages. Despite this, patent infringement cases can be complex and require a thorough understanding of patent law.
What Amounts to Patent Infringement?
Patent infringement occurs when someone makes, uses, sells, imports, or offers to sell a product or process covered by an existing patent without permission from the patent owner. In other words, if someone creates a product or process that is identical or substantially similar to what is described in the claims of an existing patent, they may be infringing on that patent. The scope of the patent is defined by its claims, which describe the specific invention or process that is protected by the patent. Any unauthorised use of this invention or process can be considered patent infringement.
What Documents do You Need to Fight a Patent Infringement?
- A copy of the patent in question
- Prior art documentation
- Documentation of your product or service
- Evidence of infringement
- Documentation of any licensing agreements or contracts
- Correspondence or communication related to the patent
- Legal documents such as court filings or subpoenas
- Expert reports or witness statements
- Financial documentation to demonstrate impact on business.
Who Can Initiate Proceedings for Patent Infringement?
- The patent owner
- An exclusive licensee
- A non-exclusive licensee with a right-to-Sue clause in the licensing agreement
- The legal representative of a deceased patent owner or licensee
- The government in cases where the invention is of national importance or concerns public welfare.
What Type of Legal Actions Can Be Taken for Legal Infringement?
- Legal notice: A legal notice is a formal communication sent by the patent owner to the infringing party, informing them of the infringement and requesting them to cease and desist the infringing activity. This notice serves as a warning to the infringer and can often result in an out-of-court settlement.
- Pre-grant opposition: Pre-grant opposition is an action that can be taken before the patent is granted. Any person can file a pre-grant opposition to challenge the grant of a patent. The opposition can be filed on several grounds, including that the invention lacks novelty or inventive steps.
- Post-grant opposition: Post-grant opposition is an action that can be taken after the patent is granted. Any person can file a post-grant opposition within one year of the grant of the patent. The grounds for opposition are similar to those for pre-grant opposition.
- Litigation: If the infringing party does not comply with the legal notice, the patent owner can file a lawsuit in court. Litigation is a formal legal action that can result in damages being awarded to the patent owner and an injunction being issued to stop the infringing activity.
Procedurefor Infringement Vigilance & What Are the Common Platforms Wherein Infringement Is Taking Place?
Here are the steps for infringement vigilance and common platforms where infringement is taking place:
- Identify the patents that need to be monitored: Determine which patents are important to your business and are most likely to be infringed upon.
- Conduct regular searches: Conduct regular searches of relevant publications, industry news, and patent databases to identify potentially infringing products or processes.
- Analyse search results: Analyse the search results to determine which products or processes may be infringing on your patents.
- Investigate potential infringement: Investigate the potential infringement to determine the scope and extent of the infringement.
- Notify potential infringers: Notify potential infringers of your patent rights and request that they stop the infringing activity.
- Enforce your patent rights: If necessary, take legal action to enforce your patent rights and stop the infringement.
Common platforms where infringement is taking place include:
- E-commerce websites: Online marketplaces like Amazon, eBay, and Alibaba are common platforms where infringing products are sold.
- Social media: Social media platforms like Facebook and Instagram can be used to advertise and sell infringing products.
- Trade shows: Trade shows and industry events are often used to showcase infringing products.
- Counterfeit markets: Physical markets in some countries are notorious for selling counterfeit and infringing products.
- Supply chain: Infringing products may be produced and sold by companies in the supply chain, such as manufacturers, distributors, and retailers.
Example of Patent Infringement
Novartis vs Union of India
This case involved Novartis’ patent for the cancer drug Glivec. The Indian patent office rejected the patent application, citing lack of novelty and inventive steps. Novartis filed a legal challenge to this decision, but the Indian Supreme Court ultimately upheld the decision of the patent office.
Monsanto vs Nuziveedu Seeds
This case involved Monsanto’s patent for genetically modified cotton seeds. Monsanto accused Nuziveedu Seeds of patent infringement and terminated their licensing agreement. Nuziveedu Seeds filed a legal challenge to the termination, and the case is still ongoing.
Civil Remedies in Case of Patent Infringement and Process for Initiating Such Proceeding
Civil Remedies:
- Injunctions: An injunction is a court order that prohibits the infringing party from continuing to infringe on the patent.
- Damages: The patent owner may seek monetary damages for the losses suffered as a result of the infringement.
- Accounts of profits: The patent owner may also claim the profits made by the infringing party as a result of the infringement.
- Delivery up or destruction of infringing goods: The infringing goods can be ordered to be delivered up or destroyed.
Why Dreamunicus?
- Patent infringement analysis: Our attorneys will conduct a thorough analysis of your patent and any potential infringement to help you determine the best course of action.
- Legal representation: We can represent you in court proceedings related to patent infringement, including litigation and settlement negotiations.
- Patent portfolio management: Our team can help you manage your patent portfolio and develop strategies to protect your intellectual property rights.
Contact us today to schedule a consultation and learn how we can help you protect your valuable intellectual property.
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