Patent Litigation in India

The ABC of Patent Litigation in India

Since the year 2005, Indian courts have been witnessing a sudden spurt of the cases of patent litigation. Indian patent litigations are also drawing in global attention.

Ease Your Patent Litigation Hassles with Us!

Patent litigation will safeguard you; and in true fact, patent litigation India is becoming an asset for most of the organizations today. Indeed the times are changing now; people understand the value of the fact that they are thriving in the setup of the knowledge economy. The recent cases in the courts of patent litigation India have added some new variations in the thought processes of the business fraternity of India. The cases under the realms of the patent litigation India are not confined to the stealing of the ideas or matters like that; they are dealing with serious reimbursements and other procedures as well.

Scale Up Your Business Idea by Keeping Your Patent Book Clean

It was also the time when technology was moving slowly. In the current world, patent litigation has become a buzz word of sorts because of a simple fact that knowledge has become a technology in itself. Most of the start-ups are worried about patent litigation, right from the word inception. They are justified in their worries because patent litigation India acts as a safeguard for them during the initial run of the business. Here we need to understand the fact that technology has removed some of the potential entry barriers from the trade. The scope of patent litigation acts as a potential barrier in this case. This is the reason that most of the companies are preparing their literature while keeping in mind that they have to fight a case for patent litigation India. They are perfectly right in anticipating a situation like this. Similar sounding concepts in the field of the business can create a setup of rivalry where patent litigation India can become a tool of survival for your company.

Grounds on Which a Patent Would Be Invalidated

A patent is usually revoked on the below mentioned grounds (Under Section 64 of the Patents’ Act 1970):

  • Claim's subject is not an invention.
  • The invention that is done does not seem to be useful.
  • The invention that is made is not described sufficiently.
  • The patent's holder had not been entitled to apply for the same.
  • The subject that is taken is not patentable (this is under the Patents' Act 1970)
  • The said invention had been used secretly in India much before the claim's date.
  • The leave for amending the specification(s) had been granted in a fraudulent way.
  • The patent had been obtained through any false suggestion and/or any falsified misrepresentation.
  • The invention has been claimed in the specification of some other patent, which is registered in India.
  • The said patent had been obtained in a wrongful way, which was in contravention of the rights of that person, who was applying for the revocation.
  • The invention that is done had been anticipated through prior publication in India, prior use, and/or prior public knowledge.
  • The invention is quite an obvious one or it doesn't involve any inventive step because of prior publication in India, prior use, and/or prior public knowledge.
  • The claim's scope has not been defined in a clear way, or that claim has not been based on the matter that is contained inside the specification.
  • The applicant had not disclosed information about any foreign application(s) or has provided falsified info materially in this regard.
  • The applicant had violated some of the secrecy obligations or, if being an Indian resident, he/she had made some foreign application without getting Controller General of Patents' permission prior to doing that.
  • The specification had some wrong/incorrect indication of some source/geo origin of the biological material that had been used for that invention.
  • The invention had been anticipated through the knowledge of some indigenous or some Indian local community or elsewhere.

Patent litigation India

Patent Litigation in India was a simple term in the past when the periphery of the suits was confined to the technologies and brand names. Mercantile legal system is accommodating patent litigation India more seriously. By the year 2022, the recommendations of the World Trade Organization will start coming into enforcement, laws pertaining to patent litigation India will play a crucial role during this period. It will happen because patent litigation India will help Indian players to compete with international players. Any regular case handler of patent litigation India will be of no help because of their limited understanding of the topic. Knowledgentia is a seasoned and international firm; we can handle your patent litigation India cases well, because we are well versed with the international laws.

Expert Legal Intervention

Instead of waiting for any critical situation to arise, it is advisable to touch base with us, from the very beginning or the planning stage of your business. It will help you in the later stages when the cash register will start ringing for you, and your rivals will take a note of your idea and business establishments. You can also take the support of our professional team in writing your patents as well. We are expert in this department, and have compliance with the international standards of the same exercise.

Aparna Jain
Lawyer & Founding Partner
Harinder N
Lawyer & Founding Partner
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