When your patented technology is used without authorization — or when infringement is alleged against you — our team provides expert infringement analysis, validity assessment, defence strategies and enforcement advisory under the Patents Act 1970.
Under Section 48 of the Patents Act 1970, a granted patent gives the patentee the exclusive right to prevent others from making, using, offering for sale, selling or importing the patented product or process without consent. Any such act performed without a valid licence or the patentee's authorization constitutes patent infringement in India.
Patent infringement matters are civil proceedings — they are heard by the District Court or High Court having jurisdiction over the defendant's place of business or residence. A patentee may seek remedies including an injunction to restrain further infringement, damages or an account of profits, and delivery up of infringing goods.
Whether you are a patent owner who suspects unauthorized use of your patented technology, or a business that has been accused of infringement, Ingenious IP LLP provides evidence-based analysis, strategic advisory and practical support to protect your interests.
We provide expert patent infringement services for patent owners, businesses and legal teams — on both sides of a dispute.
When you suspect unauthorized use of your patented technology, our experts conduct a detailed infringement analysis. We compare the allegedly infringing product or process with your patent claims element-by-element to determine whether infringement exists, providing you with evidence-based opinions for enforcement actions.
Before initiating infringement proceedings, assessing the strength of your patent is essential. We evaluate your patent's validity by reviewing prior art, prosecution history and potential grounds for challenge — helping you understand the likelihood of successfully enforcing your rights against infringers.
If you are accused of patent infringement, we provide robust defence strategies. Our team analyzes the asserted patent, identifies potential invalidity grounds and develops non-infringement arguments to protect your business interests and minimize exposure to damages and injunctive relief.
When infringement is identified, we assist in drafting and sending cease and desist notices demanding the infringer stop unauthorized activities. Our notices are strategically crafted to assert your rights firmly while exploring the possibility of amicable resolution before initiating formal proceedings.
We prepare structured claim charts — Evidence of Use (EoU) charts for enforcement and Invalidity of Use (IoU) charts for defence — mapping each claim element of the asserted patent against the accused product or relevant prior art, providing a clear documentary basis for infringement or invalidity arguments.
We advise patent owners on the most appropriate strategy for patent enforcement — considering the strength of the patent, the scale of infringement, commercial objectives and available remedies — before and during formal infringement proceedings in India.
A structured, evidence-driven approach to patent infringement matters — whether you are enforcing your rights or defending against a claim.
We begin with a detailed review of the patent in question, the accused product or process and the context of the dispute. This allows us to clearly define the scope of the analysis, identify the relevant patent claims and understand the commercial stakes involved for our client.
Accurate patent claim construction is the foundation of any infringement analysis. We analyze the language of the relevant claims in light of the specification and prosecution history to determine the proper scope and meaning of each claim limitation before comparing it against the accused subject matter.
Our technical team compares each element of the relevant patent claims against the accused product or process on an element-by-element basis. We prepare detailed claim charts documenting the comparison and identifying where each claim element is present or absent in the accused subject matter.
In parallel with the infringement analysis, we assess the validity of the patent — searching for prior art that may anticipate or render obvious the asserted claims, and reviewing the prosecution history for any admissions or estoppels that could limit claim scope or affect enforceability.
We prepare a clear, structured infringement or non-infringement opinion — or a validity assessment — supported by the analysis findings. We also provide strategic advisory on recommended next steps including issuing a cease and desist notice, initiating or defending proceedings, or pursuing licensing discussions.
Under the Patents Act 1970, a patent owner whose rights are infringed has access to the following civil remedies through proceedings before the appropriate court.
A patent owner may apply for an interlocutory injunction to immediately restrain the alleged infringer from continuing the infringing activity pending the final determination of the suit, and a permanent injunction upon final judgment in their favour. The court applies the principles of prima facie case, balance of convenience and irreparable harm in deciding interlocutory injunctions.
The patentee may seek either damages to compensate for the loss suffered due to the infringement, or an account of profits — which requires the infringer to pay over the profits earned through the infringing activity. However, these remedies are not available where the defendant proves they were unaware of the patent at the time of infringement.
The court may order the delivery up and destruction of infringing goods, articles and materials used to make infringing goods — preventing further circulation of products that infringe the patent. This remedy is typically sought alongside injunctive relief.
An accused infringer may file a counter-claim for revocation of the patent in the infringement suit itself, under Section 64 of the Patents Act 1970. This allows the defendant to challenge the validity of the asserted patent within the same proceedings, on grounds such as lack of novelty, obviousness or insufficient disclosure.
Where a patent is being worked inadequately in India or is not reasonably available to the public, any person may apply to the Controller for a compulsory licence under Section 84 of the Patents Act 1970 — three years after grant. A compulsory licence allows the applicant to use the patent without the patentee's consent, subject to terms set by the Controller.
Many patent infringement disputes are resolved through negotiated licensing agreements or settlement — without the time and cost of full court proceedings. We assist patent owners and accused parties in structuring commercially reasonable settlement terms or licensing arrangements that resolve the dispute and protect both parties' interests going forward.
Accurate answers to frequently asked questions about patent infringement law and enforcement in India.
Under Section 48 of the Patents Act 1970, a patent grants the patentee the exclusive right to prevent third parties from making, using, offering for sale, selling or importing a patented product or process without the patentee's consent. Any such act performed without a valid licence or authorization constitutes patent infringement. The scope of infringement is determined by the claims of the granted patent.
Under the Patents Act 1970, civil remedies for patent infringement include an injunction (interlocutory or permanent) to restrain further infringement, damages or an account of profits, and delivery up and destruction of infringing goods. These remedies are sought through a civil suit before the District Court or High Court having jurisdiction over the matter.
Note that damages and account of profits are not available against a defendant who proves they were not aware of the patent at the time of infringement and had no reasonable grounds to believe a patent existed.
A patent infringement analysis involves a technical and legal comparison of the claims of a granted patent with the features of an allegedly infringing product or process. The analysis determines whether each element of one or more claims of the patent is present in the accused subject matter — either literally or under the doctrine of equivalents. The output is a structured claim chart and an evidence-based infringement opinion that supports enforcement or licensing decisions.
Yes. Under Section 64 of the Patents Act 1970, an accused infringer can challenge the validity of the asserted patent by way of a counter-claim for revocation within the infringement proceedings. The patent may be challenged on grounds including lack of novelty, lack of inventive step, non-patentable subject matter, insufficiency of disclosure and others listed in the Act. Invalidity is a common and important defence strategy in patent infringement cases.
A cease and desist notice is a formal written communication from the patent owner to the alleged infringer, demanding that the infringing activity stop immediately. It does not involve court proceedings and is often the first step in enforcement — allowing the matter to be resolved through negotiation, licensing or settlement without litigation.
Filing a patent infringement suit is a formal civil court action seeking judicial relief — including injunctions, damages and delivery up. It is typically pursued when cease and desist efforts have failed or when the urgency of the matter requires immediate court intervention through an interlocutory injunction application.
We combine technical domain expertise with a clear understanding of Indian patent law to deliver structured, evidence-based infringement opinions and practical enforcement support.
Speak with our IP experts to get evidence-based infringement analysis, validity assessment and strategic advisory — whether you are enforcing your patent or defending against a claim.
