A patent issued under the 1970 Indian Patents Act grants the patentee exclusive rights to prohibit third parties from making, using, offering for sale, selling or importing the patented invention for the purpose of making use of, selling and offering for sale in India without the patentee's permission until such time as the patent has expired. This prohibits the commercial use of the patented invention by third parties until the period when the said patent is in effect. Any use, without the required permission of the patentee, of the patented invention, shall be regarded as an act of infringement. As the infringer can be sued by the patentee for infringement with claims for monetary compensation, the act of infringement can lead the infringer to problems. In India, patent infringement with respect to a patented invention without the prior permission from the patent holder is a prohibited act. A patent holder can grant permission, if required, in the form of a license. A patent infringement, usually with respect to usage or sale of the patented invention, may vary by jurisdictions. In several countries, a use is intended to be commercial in order to constitute patent infringement. The research conducted for inventions is obviously based on prior work carried out in the specific field of art. Under the circumstances in which the previous work carried out is patented, the researcher may not wait until the patent for the previous work carried out is in force, as it may have detrimental consequences for research and development in the specific field of art. There is also a need for a very good understanding of what operations are considered infringement and what exemptions are possible. The Patents Act, 1970, does not specifically mention actions that would be deemed to infringe the patent rights granted to the patentee. That being said, Section 48 of the Act confers exclusive rights on the patentee to prohibit third parties from, without the permission of the patentee, making, using, offering for sale, selling or importing the patented invention for the purpose of making use of, selling and offering for sale in India. It can also be concluded that any act by a third party in violation of the rights granted on the patentee is treated as an act of infringement. As listed below, there are two forms of infringement:
The patent scheme gives the patentee exclusive rights for a specified period of time for his commercial profits. It is of utmost importance, however, to understand that research and development in the field of art should not be impeded by patents issued in that particular field of art. It is essential for researchers to gain knowledge of patent-infringing and non-infringing activities for this reason.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
