An in-depth discourse on how patents can be protected before courts in India under the Patents Act 1970.
The chapter describes the processes involved in filing, publication and examination of a patent application and opposition proceedings. Injunctions and representation before customs authorities are effective ways of preventing or mitigating patent infringement.
Discussion focuses on the initial steps towards initiating civil proceedings against infringement of patent, and the prerequisites to filing a lawsuit. It discusses pleading standards and the necessary parties to an action for infringement; the scope of protection of intellectual property rights and remedies for revocation and cancellation of patent.
Authored by Pravin Anand, Dhruv Anand and Udita M Patro.
This chapter was published in Chambers and Partners Global Practice Guide: Patent Litigation 2017.