“Infringement” is the unauthorized use of a patented invention. An infringement of a patent occurs when the exclusive rights of a patentee are violated. What constitutes an “infringement” has not been defined in the Patents Act.
Section 104 of the Patents Act, 1970 states that only the Intellectual Property Appellate Board (IPAB) or the High Court can be approached for revocation as no suit of infringement can be brought before a court inferior to the District Court having jurisdiction.
According to Section 43 (1), when the application for the grant of patent is in order and the controller has approved it by the virtue of power vested in him under the said act, and not the application is in contravention to any of the provisions of the said act, the patent shall be granted with the seal of the patent office and the date on which the patent is granted will be recorded in the register.
Patent opposition provides an opportunity to the public to challenge frivolous and legally invalid patents. Under the 1970 Act, the patent could be opposed before it was granted (pre-grant opposition). The person opposing the patent is part to the proceedings. Under the 2005 Amendment Act, the opposition procedure is streamlined by having both pre-grant and post-grant opposition in the Patent Office.
As per the procedure followed by the Indian Patent Office, the patent specification filed by the patent applicant includes invention details and patent claims. As it is well known, the most important aspect of the patent application are the patent claims because the patent claims define the scope of the invention.
The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).
Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can type multiple kinds of patent applications.
The patent law in India defines various categories of patent applicants. Depending upon the category and type of the patent applicant, the documentary requirements and the official filing fee varies. In essence, a patent in India can be filed by a natural person, a startup, small entity, others.
Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.
“At least one” refers to “one or more” components and therefore if a granted patent claims contains ” one ” or “at least one” will make a lot of difference if an infringer infringes upon the patented product. This example illustrates a need for language manipulation in patent claim writing.