Penalties, Suits, and Appeals against Patent Infringement

Introduction

Patent infringement is the situation in which a person without permission manufactures, uses, sells, offers for sale, or imports any patented invention. Under this, the patentee has the right to sue regarding the infringement of intellectual property rights. The following article is intended to discuss elaborately the penalties, law proceedings, and appeal procedures regarding patent infringement in India.

Penalty against Patent Infringement

Under the Indian Patents Act, 1970, there are several penalties against persons or organizations found infringing against patents. Some of these penalties are an injunction-granting order restraining the infringer from continuing his offending activities and damages-monetary compensation awarded to the patent owner for losses incurred through infringement.\

• Damages: Exemplary damages are likely to be granted by the court in order to punish the infringer and therefore prevent future infringement.

• Imprisonment: In certain cases, the court can subject the wilful infringer to imprisonment.

• Destruction of Infringing Goods: The court can also destroy any infringing goods or materials.

Legal Proceeding for Patent Infringement

A patent owner initiates with a proceeding in a competent court. The legal proceeding typically follows the following steps:

1.      Pleading: A plaint is filed by the patent owner stating facts of infringement, claims infringed, and relief sought.

2.      Summons: The court issues summons to the defendant against the alleged claims.

3.      Arguments in writing: Both can present written arguments with legal submissions and evidence.

4.      Discovery: Such parties might even go for discovery procedures, like interrogatories, document production, and depositions.

5.      Trial: The trial is conducted by the court where it interrogates and examines witnesses and evidence.

6.      Judgment: Judgment by the court would comprise determination of infringement, damages, and injunction.

7.      Appeal: The decision by the court can be appealed to an appellate court.

International Factor

India is a signatory to several international treaties of which Paris Convention for the Protection of Industrial Property and the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement are few. International Treaties have ensured necessary cooperation at an international level in the protection of patents.

In such an event, international cooperation can determine the extent of their influence as it can combine the legal tactics and easily share evidence.

New Emerging Tendency in Patent Infringement

The following are some of the new tendencies that characterize the world of patent infringement:

•Patents related to the software: Due to the growing significance of patents regarding software, the number of cases on patent infringement related to software also has increased.

•Cross Border Infringement: The globalization of markets increases cross-border infringement.

•SEPs: SEPs are patents essential for the implementation of given technologies. Cases related to the licensing of SEPs have also created complexities in cases of patent infringement.

• Patent trolls: Those entities which acquire patents only to sue others on grounds of infringement, have become a serious problem

Expert witnesses often play a very important role in patent infringement cases. Their work is in providing technical expertise and opinions to help the court understand complex technical issues. Often, the following kinds of expert witnesses are used in patent infringement cases:

Technical Experts: Such individuals would have in-depth knowledge of the technology and could shed more light on the technicalities of the creation and the alleged infringement.

Damages Specialists: These are the ones to calculate the amount of monetary loss suffered by the owner of the patent because of infringement.

Patent Lawyers: Patent lawyers might testify about the validity and scope of the patent.

Challenges in Patent Infringement Cases

Patent infringement cases can be lengthy and complex. Some of the issues patent owners face are the following:

•Proof Burden: The patent owner must prove infringement and damages.

•Technical Complexity: Non-technical judges may find it difficult to understand complex technical issues.

•Time and Expensive: Patent litigation may take a relatively long time to resolve and also costly.

•Counterclaims: The defendant may file a suit against patent holders when it pleads either invalidity or noninfringement of the patent.

Read blog: Patent Registration

Conclusion

Patent infringement may be accompanied by very painful effects on the revenue, reputation, and market share of patent owners. Patent owners should be watchful over this form of patent infringement and act swiftly once this infringement is established for one to make a decision whether to sue.

Properly knowing the legal framework, seeking expert advice and using effective strategies ensures that patent owners will protect their inventions and maximize the commercial value. Patent infringement litigation, most of the time, is costly, complicated, yet it’s so necessary to protect innovative ideas to push for new technologies.