Golden Verdict
Intellectual Property

Enforce your patent rights or defend against claims.

Whether you need to enforce your patent against an infringer or defend against a patent infringement suit, Golden Verdict's IP litigation team handles the complete dispute — from cease-and-desist to High Court proceedings.

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Patent Infringement

Infringement Analysis in 30 Days*

*Timeline is indicative and may vary based on document verification and government processing.

Patent Infringement in India

Patent infringement occurs when a person makes, uses, sells, offers for sale, or imports a patented invention without the patent owner's authorisation within India during the patent's term. Under Section 48 of the Patents Act, 1970, a patentee has the exclusive right to prevent third parties from these acts. Infringement suits must be filed in the District Court or High Court having jurisdiction. The patentee can seek an injunction (interim and permanent) and damages or account of profits. India's patent infringement regime is governed by the Patents Act, 1970 and the Code of Civil Procedure, 1908. Interim injunctions are particularly powerful in pharmaceutical, technology, and manufacturing sectors where infringement can cause immediate irreparable harm.

Patent Enforcement Process

Infringement Analysis:

Claim-by-claim comparison of your patent claims against the accused product or process — mapping every element of each claim to determine whether infringement is literal or under the doctrine of equivalents.

Cease-and-Desist Letter:

Formal legal notice demanding the infringer immediately cease all infringing activity. Creates notice for damages calculation and often resolves disputes through negotiated settlement or licence.

Interim Injunction Application:

Emergency court application for immediate relief — filed before the District Court or High Court to stop the infringement during the pendency of the main suit.

Infringement Suit Filing:

Full infringement suit in the competent court claiming permanent injunction, damages or account of profits, and delivery up of infringing goods.

Defence Strategies

  • Non-infringement analysis — demonstrating the accused product/process falls outside all patent claims
  • Prior art invalidity search — identifying art that renders the asserted patent invalid
  • Post-grant opposition before IPAB — challenging patent validity within 12 months of grant
  • Licence / FRAND defence — demonstrating a licence was available on fair terms
  • Experimental use and Bolar exception — defences available in pharmaceutical contexts
  • Prosecution history estoppel — limiting claim scope based on statements made during prosecution

How It Works

1

Share Your Details

Fill a short form or call us. We collect your requirements and all documents online — no physical visit needed.

2

Expert Assignment

A dedicated specialist with expertise in your service category is assigned to your case within 24 hours of payment.

3

Work in Progress

Your expert prepares documents, files applications with the relevant authority, and follows up on your behalf.

4

Delivery

Your registration certificate, legal document, or filed return is delivered digitally to your Golden Verdict dashboard.

Intellectual Property service

Get Your Patent Enforced Without Any Hassle

Infringement analysis, cease-and-desist letters, IPAB proceedings, High Court infringement suits, and invalidity defence — by IP litigation attorneys.

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Custom Quote

Pricing tailored to your specific requirements

Why Golden Verdict For
Patent Infringement?

Golden Verdict's IP litigation team conducts a claim-by-claim infringement analysis to determine whether the accused product or process falls within the scope of your patent claims (for enforcement) or whether your product/process infringes the claimant's claims (for defence). We draft cease-and-desist letters, represent you in IPAB post-grant opposition proceedings, and appear before High Courts in infringement suits. For defendants, we also conduct invalidity searches to challenge the patent's validity as a counter-strategy.

A patent without enforcement is just paper. Golden Verdict makes your IP rights real.

Expert legal team at Golden Verdict

Frequently Asked Questions

What remedies are available for patent infringement in India?+
Remedies include: Interim injunction (emergency relief to immediately stop infringement pending trial), Permanent injunction (permanent bar on the infringer), Damages (compensation for past losses) or Account of profits (surrender of profits made from infringement), Delivery up or destruction of infringing goods, and Legal costs. Criminal action is not available for patent infringement in India (unlike trademark and copyright).
What is a cease-and-desist letter?+
A cease-and-desist letter is a formal legal notice sent by the patent owner to an alleged infringer, demanding they immediately stop the infringing activity and providing a deadline to respond. It establishes notice (affecting damages calculation), creates a record of the dispute, and often resolves infringement without litigation through negotiated settlements or licences.
What is a patent invalidity defence?+
A defendant in an infringement suit can challenge the validity of the asserted patent as a counter-strategy. If the patent can be shown to be invalid (e.g., based on prior art that the Patent Office did not consider), all infringement claims fail. Golden Verdict conducts invalidity searches specifically targeting the asserted patent's claims.
What is the time limit (limitation period) for patent infringement suits?+
Under the Limitation Act, a patent infringement suit must be filed within 3 years of the date of infringement. For continuing infringement, the 3-year period runs from each individual act of infringement. Prompt action is important — delays can limit the damages recoverable.
What is an IPAB post-grant opposition?+
Any person can challenge a granted patent by filing a post-grant opposition before the Intellectual Property Appellate Board (IPAB) within 12 months of grant. Grounds include prior publication, prior claiming, obviousness, and non-patentable subject matter. We both file and defend post-grant oppositions.
Protect your brand

Ready to get your Patent Infringement?

Whether you need to enforce your patent against an infringer or defend against a patent infringement suit, Golden Verdict's IP litigation team handles the complete dispute — from cease-and-desist to High Court proceedings.

“A patent without enforcement is just paper. Golden Verdict makes your IP rights real.”

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