International Journal of Science and Research (IJSR)

International Journal of Science and Research (IJSR)
Call for Papers | Fully Refereed | Open Access | Double Blind Peer Reviewed

ISSN: 2319-7064

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Research Paper | Law | India | Volume 8 Issue 5, May 2019

Patent Infringement in India

Abhijeet Kumar Srivastava

Abstract: Apatentis used as a protection for an idea or invention of a inventor. TheIndian Patent Trademark Officeissues a patent after the inventor has filed it. A patent term is usually for 20 years from the time the application is filed. Patenting is a time consuming process that can take as long as five years to complete. The process of getting a patent involves filing an application with the Indian Patent and Trademark Office, paying the applicable fees, and responding to office actions Patents give their owners the right to prevent others from making, using, and selling the patented invention. Patent rights prohibit others from manufacturing the invention in the United States and shipping it outside the country for sale and use. However, this general rule doesnt always fully answer the question of what, exactly, violates this rule. Most inventions are combinations of components or elements. What happens when some of those components are made in India and shipped internationally, where they are combined with the other elements in the invention. Patent infringement is not defined in Indian patent Act, but patent rights are described in the act. Patent right includes making, distributing, mortgaging, or selling the invention in India. Therefore, anything which interferes such patent rights may be considered as infringement of patent rights. Hence, unauthorized making, using, offering for sale, selling any patented invention, or importing into India of patented invention during the live term of a patent may be considered as patent right infringement

Keywords: Patent, Remedy, Infringement, unauthorised, Rights, Patentee, Violation

Edition: Volume 8 Issue 5, May 2019,

Pages: 733 - 736

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