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What are the remedies for patent infringement?

What are the remedies for patent infringement?

20-Oct-2025

Patent

Answer By law4u team

Remedies available for patent infringement under Indian law, focusing on modern statutes and practical enforcement rather than IPC or CrPC: 1. Injunctive Relief The patent holder can approach the court to get an injunction. This means the court orders the infringer to stop using, making, selling, or distributing the patented invention. It can be temporary (interim) or permanent, depending on the case. 2. Damages or Account of Profits The patent owner can claim monetary compensation for losses suffered due to infringement. Alternatively, they can ask the infringer to account for profits made from using the patented invention and pay those profits. 3. Anton Piller Order / Search and Seizure To prevent destruction of evidence or further infringement, courts may allow search and seizure of infringing goods, documents, or equipment without prior notice. 4. Customs Seizure Under the Customs Act, patent owners can request customs authorities to seize imported goods that infringe the patent, preventing their entry into the Indian market. 5. Criminal Remedies Although you mentioned not to focus on IPC/CrPC, the Patents Act, 1970 does have provisions for criminal penalties including fines and imprisonment for willful infringement, but these are usually secondary to civil remedies. 6. Alternative Dispute Resolution Patent disputes can also be resolved through mediation or arbitration if parties agree, which is faster and less expensive than court litigation. In practice, the patent owner often first sends a cease-and-desist notice to the infringer demanding they stop infringement. If that fails, legal action follows.

Answer By Ayantika Mondal

Dear Client, If somebody infringes your patent, there are several remedies available to you under the Patents Act, 1970 that will enforce your rights. These include – 1. Injunction – You may ask the court for an order to stop the infringer's use of your patented invention. 2. Damages or Account of Profits – You may receive damages for the loss you suffered because of the patent infringement, or the infringer is required to disclose and pay to you their profits from the infringement. 3. Seizure or Destruction – The court can order the infringing goods be seized and/or the materials used to produce the goods may also be ordered to be destroyed. 4. Cost award – The court can even order the infringer to pay for any costs incurred by the patent holder. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Answer By Anik

Dear client, A person infringes a patent when he uses an invention of a patentee for which he was granted the patent, without his previous authorization. The Indian Patents Act, 1970 deals with the grant of patents and the probable cause in case of infringement of patent. Section 108(1) of the Patents Act provides for the remedies to the plaintiff in case his patent rights have been infringed. In any suit for infringement, the court may grant reliefs such as injunction and at the option of plaintiff, either damages or an account of profits. These remedies are not cumulative but alternative. 1. Injunction: It is a preventive civil remedy. It is of two kinds: (a) Temporary/ interlocutory injunction: Relief by way of interlocutory injunction is granted to mitigate the risk of injustice to the plaintiff during the period before the uncertainty could be resolved. An interlocutory injunction is invoked by the court at the initial stages of the suit filed by the plaintiff. This is passed in order to prevent the defendant from getting further profits by using other patented products. In order to invoke a temporary injunction, it is important for the patentee to prove that the patent is valid by all terms and has been infringed by the defendant. Also, the subsequent infringement of his patent rights has caused irreparable loss to him. (b) Permanent injunction: A permanent injunction is invoked when the case is finally decided by the court on merit. The interim injunction is transferred to a permanent injunction if the defendant is found guilty of patent infringement rights and the decision is on the side of plaintiff. But if the defendant is absolved from the liability and proved to be innocent, then the interim injunction stands dissolved and is not converted into a permanent injunction. It is limited to the duration of the patent. 2. Damages or account of profits: The owner of a patent is entitled to either damages or an account of profits. He may either obtain damages in respect of losses caused by infringing activities of the defendant or an account of profits obtained by the infringer – but he cannot seek both. When drafting particulars of claim, the claimant will generally request these remedies as the alternative. It will be granted in addition to the remedy of injunction. 3. Seizure or forfeiture of infringing goods: Apart from other reliefs which a court may grant, the court may also order that the goods which are found to be infringing and materials which are predominantly used in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation. I hope this answer was helpful. For any further queries please do not hesitate to contact us.