Patent Infringement In India In Orange
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This will increase the breathing space for Indian pharmaceutical companies and Indian consumers. New applications for patents will also be processed; again, the grant of patent will be for 20 years from the date of application.
Polaroid took Kodak to court in 1976, accusing it of infringing on 12 patents relating to instant photography. The pioneering instant camera and film company, now defunct, sought $12 billion in damages, a staggering sum even by today's standards.
Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States. A company may apply for a patent from the USPTO anywhere along the development lifeline of a drug and can encompass a wide range of claims.
Internationally, drug patents and the exclusive marketing rights associated therewith are awarded for a period of 20 years; during this time, no other drug company is allowed to manufacture or market the same drug.
The remedies include temporary injunction, permanent injunction, damages or account of profits.
Bajaj Auto Limited vs. TVS Motor Company Limited (2009) Bajaj Auto claimed TVS infringed its patented “DTS-i” (Digital Twin Spark Ignition) technology used in motorcycles. Initially, the Madras High Court granted an interim injunction halting TVS's production with this technology.
What is the term of a patent in the Indian system? The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date ed under PCT. 3.
The remedies include temporary injunction, permanent injunction, damages or account of profits.
Interested parties, or the government, can also file a petition for revocation of a patent at any time during the life of the patent. Such petitions must be lodged with the Intellectual Property Appellate Board (IPAB) or at High Court level.
A patent holder can file a suit for infringement in the District Court or High Court. However where counter-claims for revocation of the patent is made by the defendant, the suit along with the counter-claims are transferred to the High Court for a decision on the validity of the patent.