Patent Infringement Analysis in India
A patent infringement analysis compares a product or process, claim by claim, against the claims of an Indian patent. It tells you whether you are at risk, or whether someone else is copying you. Do it before you reply to a notice, launch a product or write to a rival.
What it is
Patent infringement analysis is a written comparison between the claims of a granted patent and an actual product, process or planned design. The claims, not the title or the abstract, mark the edge of the monopoly. We read each claim, split it into features and test every feature against the product.
The legal base is the Patents Act 1970. Section 48 gives the patentee the exclusive right to stop others from making, using, selling, offering for sale or importing the patented product or process in India. The analysis is a working document for you and your advocate. Any formal opinion is signed by a practising advocate or registered patent agent.
Who it applies to
You received an infringement notice
A competitor says you copied its patent. Maybe a Delhi distributor sends you a letter on a Friday evening. Check whether the claims really cover your product before you reply, because a reply cannot be taken back.
You think a competitor is copying you
A rival launches a lookalike. We chart your claims against its product so that any notice or suit is built on evidence rather than suspicion.
You are about to launch or import
A Faridabad auto-parts maker moving into a new component should check live patents first. This is often called a freedom-to-operate check, and it is far cheaper than a dispute.
Why it matters
You decide with facts
A claim chart shows which features match and which do not. One missing feature can take a product outside a claim.
You test the patent itself
A granted patent can be attacked. Section 107 lets a defendant raise the revocation grounds in a suit, so we check prior art for the claim you are worried about.
You avoid groundless threats
Section 106 lets a person threatened without good ground seek relief from the court. A checked analysis keeps your own letters on safe footing.
Documents required
About the patent
- Patent number or application number
- Granted specification with claims
- Renewal status and any assignment or licence record
About the product
- Drawings, samples or process flow
- Technical specifications and manuals
- Launch date and where it is sold
About the dispute
- Any notice, reply or correspondence
- Prior-use or earlier-design material you hold
- Your goal: defend, enforce or clear to launch
How it works
Pull the patent and check it is alive
We fetch the granted specification and check that the patent is alive, who owns it and whether any licence or assignment is recorded.
Chart each claim against the product
Every claim is split into features. We mark each as present, absent or arguable, with a note on why.
Test validity and defences
We look for earlier publications and earlier use that could weaken the claim, and for defences such as the acts listed in section 107A.
Walk you through the options
You get the chart and a short note on the options. These may be to redesign, to negotiate a licence, to reply to the notice or to send one. A practising advocate signs pleadings and appears in court.
Timelines
The analysis itself
A single patent with a handful of claims takes about two to three weeks once we have the product details. Larger portfolios take longer.
Limitation and delay
Do not sit on a suspected infringement. Delay can weaken a request for an interim injunction, so start the analysis early.
Before any suit
Under section 12A of the Commercial Courts Act, pre-institution mediation applies unless urgent interim relief is sought.
What the court can order
Section 108 sets out the reliefs for infringement. Here is how the main Patents Act sections fit together.
| Section | What it deals with |
|---|---|
| 48 | Exclusive rights of the patentee |
| 104 | Court: no suit in a court below the District Court; a revocation counterclaim moves the suit to the High Court |
| 104A | Burden of proof in suits on process patents |
| 105 | Declaration of non-infringement |
| 106 | Relief against groundless threats |
| 108 | Injunction, damages or account of profits |
| 109 | Exclusive licensee can sue |
In practice, many disputes settle once a clear chart reaches both sides. The chart is often what starts that conversation.
What happens if you ignore a patent notice
An injunction
A court can stop you from selling the product while the suit runs, which hurts a launch badly.
Damages or account of profits
Section 108 lets the court award damages or an account of profits. Section 111 restricts damages against a defendant who proves it did not know of the patent.
A one-sided story
Silence lets the other side shape the story. A prompt reply grounded in a claim chart protects you.
Frequently asked questions
What is a patent infringement analysis?
It is a written, claim-by-claim comparison between an Indian patent and a product or process. Each claim is split into features, and each feature is marked as present, absent or arguable. The result shows how strong or weak an infringement allegation is. It is a working document for you and your advocate, and nothing is filed or sent to anyone without your approval.
When should I get one done?
Get one before you reply to a patent notice, before you launch or import a product in a crowded field, and before you accuse a competitor. In each case, a chart prevents costly mistakes. Section 106 of the Patents Act gives relief against groundless threats, so an unchecked letter can create a problem of its own. Early analysis keeps every option open.
Does a similar product always infringe?
No. Infringement turns on the patent claims, not on general similarity. If even one required feature of a claim is missing from your product, that claim may not be infringed. Equally, a product can look different yet still fall within a claim. That is why we chart every feature rather than compare how the products look.
Can a granted patent still be challenged?
Yes. A defendant can raise grounds such as lack of novelty or inventive step as a defence under section 107, and a revocation counterclaim moves the suit to the High Court under section 104. We check prior art for the claims that matter to you, so you know whether the patent is likely to survive a challenge.
Which court hears a patent infringement suit?
Under section 104 of the Patents Act, no suit lies in a court inferior to a District Court. If the defendant counterclaims for revocation, the suit goes to the High Court. A practising advocate files and argues the case. We prepare the documents, coordinate the evidence and keep you informed at each stage.
What can the court order against an infringer?
Section 108 allows an injunction, plus damages or an account of profits. Section 111 limits money relief where the defendant proves it was unaware of the patent. Interim orders can come early in the case. We explain these options in plain words in the report, so you know the realistic range before you decide to sue or defend.
What is a declaration of non-infringement?
Section 105 lets a person ask the court for a declaration that a process or product does not infringe a patent, in specified circumstances. It can bring certainty before a launch. Whether it fits your case depends on the facts, including whether you first asked the patentee for a written acknowledgement. We tell you honestly whether this route is worth considering.
Does the analysis include a legal opinion?
The analysis is a claim chart prepared by our team. Where you need a formal opinion or a court filing, a practising advocate or registered patent agent signs it. We coordinate between you and that professional and handle the paperwork. Our report is written so your advocate can build on it directly.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Ready to begin?
Share the patent number and the product details, and we will tell you where you stand.