KNC501/KNC601 Constitution of India, Law and Engineering
Chapter 14: Intellectual Property Laws
Infringement of Patents
Patent infringement means the violation of the exclusive rights of the patent holder. …
In other words,
If any person exercises the exclusive rights of the patent holder without the patent owner’s authorization then that person is liable for patent infringement.
Civil courts have exclusive jurisdiction to hear and decide issues concerning patent infringement.
However, the Patent Office and the Intellectual Property Appellate Board (a specialized statutory body established to deal with intellectual property issues) have jurisdiction to decide on issues of patent invalidity.
Patent infringement is not a crime, so there are no criminal penalties. It is a civil matter, and one of the reasons why patent infringement is so common is because the civil penalties are not severe.
Way to avoid infringement is to “practice the prior art.” A patent claim that covers the prior art is invalid, so practicing the prior art will prevent interpreting a claim to be both valid and infringed.
How to prove Patent infringement?
To prove direct infringement, the patent holder must prove that the defendant made, used, sold, offered for sale or imported the claimed invention. Direct infringement may occur literally, meaning that a claim of the patent, when compared to the accused device or process, is an exact match.