What to do when someone infringes your patent in India — enforcement options

Securing a patent in India is a huge milestone for any inventor or business. It represents years of research, creativity, and investment. But the real challenge begins when someone starts using your patented invention without permission. Patent infringement can eat into your market share, damage your reputation, and discourage innovation.

So, what are your enforcement options in India if someone infringes your patent? This guide breaks down the legal remedies, strategies, and practical steps you can take to safeguard your intellectual property.

What Counts as Patent Infringement in India?

Before jumping into enforcement, it’s important to understand what actually qualifies as infringement.

Under the Indian Patents Act, 1970, infringement occurs when a person or company, without authorization from the patent holder, does any of the following with respect to a patented invention:

• Makes the patented product.

• Uses the patented process.

• Sells or distributes the patented product.

• Imports a product that violates the patent.

To be clear: infringement is judged against the claims of the patent, not just the overall idea. This is why a carefully drafted patent is crucial—vague or overly broad claims are harder to enforce.

Step 1: Confirm the Infringement ✅

Jumping into a lawsuit without proper groundwork can backfire. The first step is to confirm whether the other party is truly infringing your patent.

This usually involves:

• Patent Claim Analysis: Compare the infringer’s product or process with your patent claims.

• Technical Expert Opinion: A patent agent or attorney may involve industry experts to create a technical report.

• Freedom-to-Operate Check: Sometimes the alleged infringer may be operating under a license, expired patent, or may have filed a challenge.

A well-documented infringement report strengthens your case before you take action.

Step 2: Consider Non-Litigation Options

Not every case needs to go to court immediately. In many situations, businesses resolve disputes outside the courtroom.

1. Cease-and-Desist Notice

The first formal step is usually sending a legal notice to the infringer. This letter informs them of the infringement and demands that they stop the infringing activity. Often, a strong notice backed by evidence is enough to deter smaller infringers.

2. Negotiation and Licensing

Sometimes, infringement is an opportunity in disguise. Instead of fighting, you can convert the infringer into a licensee. This creates a new revenue stream while ensuring your rights remain protected.

3. Mediation and Settlement

In commercial disputes, Indian courts also encourage mediation. A negotiated settlement may save time, costs, and preserve business relationships.

Step 3: Litigation Options in India

If non-litigation routes fail, you can enforce your rights through the courts. Patent enforcement in India primarily happens through civil courts with jurisdiction over intellectual property matters.

1. Civil Lawsuit for Patent Infringement

You can file a suit in a district court or the High Court (if it has original jurisdiction). The remedies available include:

• Injunctions: The court can order the infringer to immediately stop making, using, or selling the patented product.

• Damages or Account of Profits: You can seek monetary compensation for the losses caused by the infringement, or claim the profits the infringer made from your invention.

• Delivery Up/Destruction of Goods: Courts may order seizure or destruction of infringing products.

2. Interim (Temporary) Injunctions

Because litigation takes time, courts often grant interim injunctions at an early stage if the patent holder shows:

• A prima facie (at first glance) case of infringement.

• Irreparable harm if the infringement continues.

• Balance of convenience lies with the patent owner.

This tool is powerful for quickly stopping market damage while the case is ongoing.

3. Border Enforcement – Customs Authority

Patent owners can also record their rights with Indian Customs. This allows authorities to block the import of infringing goods at ports and airports—especially useful for pharma, tech, and consumer goods industries.

Step 4: Defenses to Expect from the Infringer

Patent litigation is rarely one-sided. If you sue for infringement, the other side may raise several defenses, such as:

• Patent invalidity: Arguing that your patent should never have been granted (e.g., lack of novelty, inventive step, or sufficiency of disclosure).

• Non-infringement: Claiming their product or process falls outside your patent claims.

• Experimental use exception: Certain uses for research or education may not qualify as infringement.

• Parallel rights/licensing: They may argue they have a valid license or parallel rights.

Knowing these defenses helps you prepare a stronger enforcement strategy.

Criminal Remedies – Do They Apply?

Unlike trademarks or copyrights, patent infringement in India is not a criminal offense. Enforcement is purely a civil matter. However, if counterfeiting involves fraud, misrepresentation, or violation of other laws, criminal action may run parallel.

Timeframe and Costs of Patent Litigation in India

• Duration: A full-fledged patent lawsuit in India can take 3–5 years, sometimes longer. Interim injunctions, however, may be granted within weeks.

• Costs: Litigation costs vary based on the complexity of the technology, length of proceedings, and legal representation. Compared globally, India is still a relatively cost-effective jurisdiction for patent enforcement.

This is why many businesses weigh the commercial value of litigation versus settlement.

Practical Tips for Patent Owners in India

1. Maintain Strong Documentation: Keep records of your R&D, product development, and patent filings. Documentation is critical in proving ownership and damages.

2. Monitor the Market: Regularly check for competitors launching similar products. Infringement often slips under the radar until it’s too late.

3. Build a Licensing Strategy: Instead of fighting every infringer, consider structured licensing as a growth model.

4. Act Quickly: Delay in enforcing your rights may weaken your case, especially if the infringer builds market presence.

5. Work with IP Experts: Patent law is highly technical—an experienced patent attorney can maximize your chances of success.

Case Snapshot: Patent Enforcement in Action

One of the most notable examples is the case of F. Hoffmann-La Roche Ltd. vs. Cipla Ltd. (2008). Roche sued Cipla for infringing its patent over the cancer drug Erlotinib. While the Delhi High Court acknowledged Roche’s patent, it initially refused an interim injunction, citing public interest in affordable medicines.

This case highlights an important feature of Indian patent law: courts balance private patent rights against public interest. Especially in pharmaceuticals, enforcement isn’t always straightforward.

Conclusion: Enforcement Is Strategy, Not Just Law

When someone infringes your patent in India, you have multiple enforcement options ranging from cease-and-desist notices to full-fledged litigation. The right path depends on your business goals, resources, and long-term strategy.

Patents aren’t just about stopping copycats—they’re about creating leverage. Sometimes that means suing, sometimes negotiating, and sometimes converting infringers into partners.

The bottom line: act decisively, but act smart. With the right legal guidance, you can turn patent enforcement from a defensive move into a growth opportunity 🚀.

Next Step: If you believe your patent is being infringed in India, don’t wait for the damage to snowball. Speak with an experienced patent attorney who can evaluate your case and recommend the best enforcement strategy.