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Patent Infringement & Non-Infringement

“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.

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Patent Grant in India

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.