What is Infringement of Patents?
The patentee, his agents and his licensee have the exclusive rights to
make, use or distribute the invention in India. Infringement means violating the statutory rights of the patentee, his agents and his license. A suit for infringement can only be filed in the District Court.
The reliefs that can be claimed for infringement are:
- Damages and a share of profit to patentee; and
- Injunction on infringe on such terms and conditions as the Court may deem fit
The Court can also order that infringing goods shall be seized, forfeited, or destroyed as the Court deems fit.
It may be noted that in case of innocent infringement i.e., infringement without knowledge that a patent exists, damages and share of profits shall not be paid.



