A patent is an exclusive right granted by the government to the true and first inventor or to his assignee for his invention for a for a limited period of time to make, use and vend the invention upon exchange for the public disclosure of his invention
Patent infringement is the unauthorized making, using, offering for sale, selling of any patented invention within a jurisdiction, or importing into the jurisdiction of any patented invention during the term of a patent.
Three basic types of patent infringements:
Direct patent infringement
Anyone who makes, uses, or sells the patented invention
Indirect patent infringement
A person actively encourages another to make, use, or sell the invention,
Contributory patent infringement
Knowingly, selling or supplying an item for which the only use is in connection with a patented invention
Sec.104. No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit:
Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision.
Sec.105. Power of court to make declaration as to non-infringement.
Sec.106 . Power of Court to grant relief in cases of groundless threats of infringement proceedings.
Sec.108 . The reliefs which a court may grant in any suit or infringement include an injunction and, at the option of the plaintiff, either damages or an account of profits.
Sec.111. Restriction to grant damages or account of profits for infringement .
In a suit for infringement of a patent ,damages or an account of profits shall not be granted against the defendant when,
who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed.
In respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period.
Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge.