Patent litigation is a legal process that allows patent holders to enforce their exclusive rights against unauthorized use, manufacturing, or sale of their patented invention. In India, it plays a vital role in protecting innovation and fostering a fair, competitive business environment.Litigation in India refers to the legal process of resolving disputes through the judicial system. Whether it’s civil, criminal, or commercial, litigation serves as the primary mechanism for enforcing rights, resolving conflicts, and upholding justice.

Legal Provisions

Patent litigation in India is governed under the Patents Act, 1970 and handled in Commercial Courts or High Courts having jurisdiction.

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Steps in Patent Litigation

1. Infringement Analysis
   Review whether the accused product/process violates the claims of the patent.

2. Legal Notice
   A cease-and-desist letter is served to the infringer.

3. Filing a Suit
   A case is filed in the appropriate court seeking remedies.

4. Interim Relief
   The patent holder may request an injunction to stop infringement during the case.

5. Trial and Judgment
   The court evaluates evidence, expert opinions, and decides liability.

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Available Remedies

• Injunction (temporary or permanent)

• Monetary damages or account of profits

• Destruction of infringing goods

• Declaratory relief (e.g., validity or non-infringement declaration)

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Why Patent Litigation Matters

• Enforces monopoly rights granted by law

• Protects market share and investment in R&D

• Deters future infringement

• Establishes industry credibility

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Arnais Associates: Expert in Patent Disputes

Our IP litigation team helps:

• Conduct technical and legal analysis

• Draft and file infringement suits

• Represent you before Commercial and High Courts

• Handle settlement negotiations and licensing enforcement