“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.
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.
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.
Law Office of Advocate Rahul Dev is an International law firm headquartered in India (Gurgaon) specializing in business law & technology law, & assists clients with business arrangements, & in structuring technology transactions including: Intellectual Property Protection (Patents, Trademarks, Copyrights, Designs), Formation of Companies, Technology Transfer, Business Acquisitions, Marketing of Proprietary Information, Competitive & Business… Continue reading Patent Attorney in India – Role of Patent Attorney in India – Patent Lawyer in India
Patent filing guide describing how to patent an idea or an invention and who can file a patent in India as an applicant and an inventor based of Indian patent laws.