Understanding Patent Litigation

The patent law in India guarantees adequate protection of inventions to ensure a balance between granting inventors' rights and public interest. The Patents Act, 1970, supported by the Code of Civil Procedure and the Commercial Courts Act, also provides the framework for patent grant, enforcement, and litigation itself.

Legal Provision

As per Section 2(1)(m) of The Patents Act, 1970:

"patent" means a patent for any invention granted under this Act.

As per Section 2(1)(j) of The Patents Act, 1970;

"invention" means a new product or process involving an inventive step and capable of industrial application.

The patent is a legal right granted to an inventor in India for a new product, process, or design for a specified period of time i.e. 20 years as per Section 53 of The Patents Act, 1970. It excludes others from using, selling, or importing the invention without the inventor's permission. Therefore, the patent can be for a process, for a product, or both. For eg: if a medicine is made through a process, that process is patented and the product i.e. the medicine is also patented.

Types Of Patent

There are majorly three types of patents:

• Utility Patent: Protects new and useful processes, articles of manufactures, and machines.

• Design Patent: Protect designs like new, original, and ornamental designs for articles of manufacture.

• Plant Patent: Protect new and distinct varieties of plants that can be reproduced through cutting or grafting.

Test Of Patentability

There are three types of patentability test:

• Novelty: Invention must be unique and not be disclosed anywhere in the world to maintain its novelty because novelty is lost on its first sale.

• Utility: The invention must have commercial utility and be related to the field of technology.

• Inventiveness: Invention is the core of a patent, it has to be decided whether a person with “ordinary skills” or “ordinary creativity” can create that invention from already known idea or resources”

Understanding Of Patent Law And Other Procedural Law Governing Patent Litigation In India

Understanding the legal framework for patent litigation in India requires a thorough understanding of judicial structures that govern intellectual property disputes.

Patents Act, 1970

The Patent Act, 1907 serves as a backbone for the patent law and patent litigation in India. This law set the overall criteria of what should be patented and what should not to be patented. The inventor gets their right of ownership through this act itself where his idea and product are duly protected. This act also brief about the procedural aspects of patent registration, including application processes, examination, and the maintenance of patents

Code Of Civil Procedure, 1908

This code lays down guidelines regarding the procedures that need to be followed by civil courts like filing of suits, conducting trials, and appeals process. Mainly Order XXXIX and Order XLI deal with the patent litigation.

Commercial Courts Act, 2015

This Act was solely introduced to intensify the efficiency and effectiveness of commercial dispute resolution, including patent litigation. With the help of this kind of legislation commercial courts have been established within High Courts specifically designed to handle high-value commercial disputes including intellectual property rights relating to patents, copyrights, designs, trademarks, domain names, geographical indications, and semiconductor integrated circuits.

Jurisdiction And Court Structure

The Indian judiciary handles patent litigation through a hierarchical system, starting with District Courts for initial hearings, progressing to High Courts for complex cases and appeals, and culminating in the Supreme Court as the final authority for significant legal interpretations and uniformity in patent law.

District Court

District Court in India plays a pivotal role in the Indian Judiciary as it serves as the initial stages of patent litigation. The district court handles all the preliminary hearings, assesses initial evidence, and addresses fundamental legal issues related to patent disputes. As per Section 104 of the Patents Act, 1970, no patent infringement suit can be instituted in any court inferior to the District Court having jurisdiction to try the suit.

High Court

High Courts have power over handling complex patent cases and some high courts, such as Delhi High Court, have primary jurisdiction to hear patent infringement matters. Moreover, as per Section 34 of the Advocates Act, 1961, “The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.“ The Intellectual Property Division (IPD) is responsible for hearing appeals against orders of the Controller of Patents and revocation petitions.

Supreme Court

Supreme Court is the apex court of India and the final appellate authority in significant cases. With respect to patent cases and laws, the Supreme Court has the authority to review decisions from the High Courts and provide binding interpretations on major legal questions, Supreme Court ensures uniformity and consistency in the application of patent law, thereby contributing to the overall stability and predictability of the legal framework.

Patent Litigation In India

Several stages of patent litigation are:

• Filing of the Suit: A complaint is filed by the patent holder in a competent court, for allegedly seeking remedies such as injunction or damages for the alleged infringement. According to Section 104 of the Patents Act, no suit shall be instituted in any court inferior to the District Court having jurisdiction to try the suit for declaration as to non-infringement or for infringement of a patent

• Pre-Litigation Mediation: Commercial Courts Act has mandated the parties engage in mediation to attempt an out-of-court settlement.

• Interim Relief: From preventing infringement during litigation, the patent holder may seek interim relief like an injunction.

• Discovery: Through the discovery process, the court may direct the parties to disclose evidence relevant to the case.

• Trial: The trial begins when both parties have presented their evidence and arguments.

• Judgment: Once the matter has been heard, the court delivers its judgment, which may include a permanent injunction against the infringer and an award of damages to the patent holder.

• Appeal: After judgment is delivered either of the party can appeal to the high court if he is dissatisfied with the outcome.

Types Of Injunctions

Mainly there are two types of Injunctions:

Preliminary Injunction

The preliminary injunction is a temporary measure that prevents ongoing or imminent infringement. Certain criteria for granting preliminary injunction include prima facie case of infringement and irreparable harm to the patent holder if injunction is not granted.

Permanent Injunction

This kind of injunction is granted after a trial is done on merits and prohibits the infringer from engaging in the infringing activities permanently. Once this injunction is granted by following the finding of patent validity and infringement, it serves as a final remedy to prevent further violation of the rights of the patent holder.

Conclusion

The patent system in India seeks to promote innovation through the mechanism of protecting the rights of inventors, complete with comprehensive legislation and an orderly judicial process. Creating awareness among the inventors and stakeholders about the legal framework, procedures, and provisions for remedies to address existing maladies would help them effectively navigate patent law from the perspective of the protection of intellectual property and the overall technological and economic development of the nation.

FAQs

A few FAQs based on Understanding Patent Litigation are:

Q1. What is a patent and what does it protect?

A patent is generally viewed as a legal right of an inventor for an invention, be it a new product or process, restricting third parties from using, selling, or importing the invention without permission. They protect innovations based on novelty, inventive steps, or industrial applicability.

Q2. What are the main types of patents available in India?

India has utility patents for a new process or product, design patents for ornamental designs, and plant patents for new varieties of plants. All these three types ensure an adequate system of protection for various innovative fields.

Q3. What are the key criteria for an invention to be patentable?

In order to be patentable, an invention must be novel or unique and must not have been disclosed to the public, useful, that is, it should have some good use, and finally inventive, meaning that it should not have been obvious to an expert in the field.

Q4. How long does a patent last in India?

Under Section 53 of the Patents Act, 1970, a patent in India would run for 20 years from the date of filing an application, during which the inventor has the exclusive rights for that period.

Q5. What role does the Patents Act, 1970, play in patent litigation?

The Patents Act, 1970, which governs patent law and litigation, sets up would-be patentability criteria, as well as procedures for patent registration and protection. Moreover, it would provide the legal framework for solving patent disputes.

Q6. How does the Code of Civil Procedure, 1908, impact patent litigation?

All proceedings in a patent infringement suit shall be governed and regulated by the provisions of Section 2(p). Basically, it lays down the entire procedural guidelines meant for the civil law courts that serve to handle whatever form of patent disputes through a suit-level, trial, and appeal mechanism.

Q7. What is the significance of the Commercial Courts Act, 2015, for patent disputes?

The Commercial Courts Act, 2015, enhances the efficiency of commercial dispute resolution, including patent litigation, by establishing specialized courts to handle high-value intellectual property cases. It streamlines the litigation process.

Q8. Which courts have jurisdiction over patent litigation in India?

In India, patent litigation flows along a hierarchy of courts, from the District Court for preliminary hearings, then to the High Court for complicated cases and appeals, and finally, to the Supreme Court for a final legal pronouncement.

Q9. What are the main stages of patent litigation in India?

The litigation process itself could be summed as filing of suit, pre-litigation mediation, interim relief request, discovery, trial, judgment among patent litigants, and possible appeals thereafter. Each has its importance for handling the settlement of patent disputes.

Q10. What is a preliminary injunction and when is it granted?

A preliminary injunction is a temporary remedy wherein an ongoing act of infringement is stopped pending the final decision in the case, granted on the basis of a prima facie case of infringement with possibilities of irreparable harm to the patent holder. It only qualifies to restore the status quo.