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ARTICLE · 11 MAY 2020

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Patent Infringement: What Is Infringement? What Is Not?

S&A Law Offices
S&A Law Offices
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S&A Law Offices

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A patent granted under the Indian Patents Act 1970, confers exclusive rights to the patentee to prevent third parties from making, using, offering for sale, selling or importing the patented invention ...

IndiaIntellectual Property

Introduction to Patent Infringement

A patent granted under the Indian Patents Act 1970, confers exclusive rights to the patentee to prevent third parties from making, using, offering for sale, selling or importing the patented invention for the purpose of using, selling and offering for sale in India without the consent of the patentee until the expiry of the said patent1. This prevents third parties from commercially exploiting the patented invention till the time the said patent is in force. Any use of the patented invention without the appropriate consent of patentee shall be considered as an act of infringement. The act of infringement can lead the infringer to trouble as the infringer can be sued by the patentee for infringement with demands for monetary compensation.

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