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Patent


Remedy for Infringement of Patent

An action for infringement must be instituted by way of a suit in any District Court or a High Court having jurisdiction to entertain the suit.

The plaintiff on satisfying the court about infringement of his patent would be entitled to the following relief:

  1. Interlocutory injunction

  2. Damages

  3. Account of profits

 

Intelocutory Injunction

The Plaintiff may at the commencement of the action move for an interim injunction to restrain the defendant from committing the acts complained of until the hearing of the action or further orders. The plaintiff should make out a prima facie case and also show that the balance of convenience lies in his favor.

 

Damages

In assessing the damages the important question is what is the loss sustained by the patentee. The loss must be the natural and direct consequence of the defendants acts. The object of damages is to compensate for loss or injury.

 

Accounts of Profits

Where a patentee claims the profits made by the unauthorised use of his patent, it is important to ascertain how much of his invention was appropriated, in order to determine what proportion of the net profits realized by the infringer was attributable to its use.



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