What to Do If Sued for Patent Infringement in India

What to Do If Your Company is Sued for Patent Infringement in India

The term patent comes from the Latin phrase “litterae patentes”, meaning “open letters.” These documents granted privileges or rights to inventors, allowing them to control the use of their inventions. Patents, governed by the Patents Act, 1970, are crucial for protecting innovations in India. If your company faces a patent infringement lawsuit, knowing the necessary legal steps to defend your business is vital.

Understanding Patent Infringement

Patent infringement occurs when someone uses, makes, or sells a patented invention without permission. Before taking legal action, verify if the patent in question is valid and whether the suing party owns it. You must compare the patent’s claims with the accused product or process. Courts apply the “doctrine of equivalents” to determine if the accused product is substantially the same as the patented one, even if some elements differ.

Key Actions to Take When Sued

1. Assess the Validity of the Claim:
When your company receives a notice or cease and desist letter, consult a patent attorney immediately. They will help you analyze the claim and the patent in question. Ensure you understand the patent’s scope and determine whether your product or process actually infringes upon it.

2. Prepare Your Defense:
Collect all necessary documents, such as product designs, patents, or prior art, to help prove your company’s innovation differs or pre-dates the patent in question. Conduct a Freedom to Operate (FTO) search to identify any infringement risks, which will support your defense.

3. Respond to Cease and Desist Letters:
Upon receiving a cease and desist letter, which demands that you stop using the patented technology, respond within the specified time frame. With the assistance of legal counsel, draft a well-structured reply to prevent escalation to court.

Legal Proceedings in Patent Infringement Cases

If the matter doesn’t resolve through correspondence, the patent holder may file a lawsuit. Here’s what happens next:

1. Filing of the Lawsuit:
Patent holders have a three-year limitation period from the date of infringement to file a lawsuit. Filing beyond this timeframe risks dismissal. For continuing infringement, the period starts from the last instance of infringement.

2. Pre-Trial Steps:
Before the trial, several pre-trial steps take place, such as:

  • Notice of Infringement: The patent holder informs your company about the infringement.
  • Reply: You must respond within a specified time, explaining your defense.
  • Hearing: Both parties present their case during a hearing. The court evaluates whether an injunction is necessary to stop the alleged infringement immediately.

3. Injunctions and Damages:
If the court finds infringement, it may issue an injunction to prevent further use of the patented invention. Additionally, the court may award damages, including compensation for lost profits, royalty payments, or punitive damages for severe cases.

Role of Exclusive Licensees

Sometimes patents are licensed to third parties, known as exclusive licensees, who can enforce the patent and sue for infringement. Before they file a lawsuit, the licensee’s right to sue must be clearly defined in the agreement with the patent owner. Reviewing these agreements clarifies the licensee’s rights.

How to Detect Patent Infringement

To avoid patent infringement lawsuits, being proactive is essential. Conduct an FTO search before launching a product to avoid unintentional infringement. Additionally, keep an eye on your competitors through market surveillance and industry associations to identify potential infringement early. Monitoring competitors’ patents and activities helps you stay ahead and avoid legal disputes.

Limitation Period for Filing a Suit in India

Under the Patents Act, 1970, the patent holder must file a patent infringement suit within three years of the infringement. Patent owners must promptly detect infringements and take legal action to protect their rights. Delays beyond the statutory period may result in the loss of legal remedies.

Conclusion

Patent infringement lawsuits are complex, but understanding the steps involved can help companies defend their interests. If your company faces a patent infringement lawsuit in India, consulting legal experts, preparing a strong defense, and responding to legal notices swiftly is crucial. By knowing the legal framework and acting quickly, companies can safeguard their innovations and avoid the challenges posed by intellectual property disputes.


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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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AIBE-XIX Exam 2024 Notification Released: All You Need to Know

Introduction

The Bar Council of India (BCI) has officially released the notification for the All India Bar Examination (AIBE) XIX, scheduled to take place on November 24th, 2024. The AIBE is a mandatory examination for law graduates seeking to practice law professionally in India. This blog provides comprehensive information about AIBE, including its purpose, significance, eligibility criteria, and examination details.

What is AIBE?

The All India Bar Examination (AIBE) is a national-level certification exam conducted by the Bar Council of India (BCI). The primary objective of AIBE is to assess whether a law graduate possesses the essential skills and knowledge required to practice law in India. Successfully clearing the AIBE grants candidates the Certificate of Practice (COP), which is mandatory for practicing law in any court within the country.

Significance of AIBE

  • Ensures Professional Competency: AIBE evaluates a candidate’s understanding and application of legal concepts, ensuring that only qualified individuals enter the legal profession.
  • Maintains Legal Standards: By setting a benchmark for legal practitioners, AIBE helps maintain high standards within the Indian legal system.
  • Uniform Assessment: It provides a uniform platform to assess law graduates from various institutions across the country.
  • Enhances Public Confidence: Ensuring that practicing lawyers have met standardized qualifications boosts public trust in the legal system.

Eligibility Criteria

To be eligible for AIBE-XIX, candidates must meet the following criteria:

  1. Educational Qualification:
    • Must have completed a 3-year or 5-year LL.B. degree from a recognized law institution in India.
  2. Enrollment with State Bar Council:
    • Candidates should be enrolled as advocates with their respective State Bar Council.
    • Possession of an advocate enrollment card issued by the State Bar Council is mandatory.
  3. Nationality:
    • Applicants must be citizens of India.
  4. No Age Limit:
    • There is no upper or lower age limit to appear for the AIBE.
  5. Number of Attempts:
    • Candidates can attempt the AIBE any number of times until they qualify.

Examination Details

Important Dates
ActivityImportant Dates
Online Registration BeginsSeptember 3rd, 2024
Payments Through Online Mode StartSeptember 3rd, 2024
Online Registration ClosesOctober 25th, 2024
Last Date for Online PaymentsOctober 28th, 2024
Last Date for Correction in Registration FormOctober 30th, 2024
Release of Admit CardsNovember 18th, 2024
Date of ExaminationNovember 24th, 2024
Exam Pattern
  • Mode of Examination: Offline (Pen and Paper-based).
  • Type of Questions: Multiple Choice Questions (MCQs).
  • Number of Questions: 100.
  • Maximum Marks: 100.
  • Duration: 3 hours 30 minutes.
  • Open Book Exam: Candidates are allowed to carry Bare Acts without notes into the examination hall.
  • Subjects Covered:
    • Constitutional Law
    • Indian Penal Code
    • Criminal Procedure Code
    • Civil Procedure Code
    • Evidence Act
    • Alternative Dispute Resolution
    • Family Law
    • Public Interest Litigation
    • Administrative Law
    • Professional Ethics & Cases of Professional Misconduct under BCI rules
    • Company Law
    • Environmental Law
    • Cyber Law
    • Labor and Industrial Laws
    • Intellectual Property Laws
    • Land Acquisition Act
    • Taxation Law
    • Law of Tort, including Motor Vehicle Accidents and Consumer Protection Law
    • Jurisprudence
Passing Criteria
  • General/OBC Candidates: Must secure 45% marks (i.e., 45 out of 100).
  • SC/ST and Disabled Candidates: Must secure 40% marks (i.e., 40 out of 100).
Application Process
  1. Registration:
    • Visit the official AIBE website and click on the registration link for AIBE-XIX.
    • Fill in the required details such as name, date of birth, email ID, mobile number, and enrollment number.
  2. Upload Documents:
    • Upload scanned copies of the enrollment certificate, photograph, and signature in the prescribed format and size.
  3. Payment of Fees:
    • Pay the examination fee through online modes such as credit card, debit card, or net banking.
    • Fee Details:
      • General/OBC Candidates: ₹3,560 (including ₹60 bank charge).
      • SC/ST Candidates: ₹2,560 (including ₹60 bank charge).
  4. Confirmation:
    • After successful payment, confirm all the details and submit the application form.
    • Take a printout of the application form and fee receipt for future reference.
  5. Admit Card:
    • Download the admit card from the official website between November 18th, 2024, to November 24th, 2024.
Syllabus

The syllabus for AIBE covers 20 subjects divided into two categories:

  • Category I: 7 questions each from 15 subjects.
  • Category II: 23 questions from 5 subjects.

Candidates are advised to refer to the detailed syllabus provided on the official AIBE website and prepare accordingly.

Result Declaration
  • The results are usually declared within 2-3 months after the examination.
  • Candidates can check their results on the official website by entering their roll number and date of birth.
  • Successful candidates will receive the Certificate of Practice from their respective State Bar Councils.

Conclusion

The AIBE is a pivotal step for law graduates aiming to establish a career in the legal field in India. With the notification for AIBE-XIX 2024 now released, aspiring candidates should begin their preparation in earnest. Ensure to complete the registration process within the stipulated dates and adhere to all guidelines provided by the BCI. Proper preparation and understanding of the exam pattern and syllabus will aid in successfully clearing the examination and embarking on a fulfilling legal career.

Stay updated with official announcements and best of luck to all the aspirants!

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