To file a patent infringement case, the patent holder must engage legal counsel to draft and file an infringement suit in the appropriate court. Patent infringement in India is the commission of a prohibited act with respect to a patented invention without permission from the patent holder.Thus, in case of suit for infringement, the patent owner can claim damages from the date of publication of patent application or date of infringement. India: Patent Litigation. Filing suits and counterclaims for organisations in all patent infringement matters and assisting clients during litigation with reliable strategies. A patent application must be filed with the Indian Patent Office to get a patent. A patent enforcement action under Section 104 of the Patents Act, 1970, can be initiated before a district court or higher. Use of patented invention in a foreign vessel etc. Do the concepts of indirect patent infringement or contributory infringement exist? If, so what are the elements of such forms of infringement?