Consequences Of Patent Infringement In India

Indian Patents Act, 1970 also considers falsification of entries in register, claiming patent rights in an unauthorized way etc. to be punishable criminal offences.

Such penalties are mentioned under chapter XX of the Indian Patents Act, 1970. Though the Indian Patents Act, 1970 doesn't specifically mention about the consequences of patent infringement but in Section 48 rights conferred to the patentee are mentioned. These are:

• Where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;
• Where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process