Patent litigation is defined as the result when somebody other than the holder of the patent uses the patented idea. A patent basically means the idea or innovation which is created by a person or an organization which is registered under their name. Patent litigation in India is one of the major problems faced by most of the organizations, bigger or smaller in investment, mainly due to improper information available publicly of the patent or an attempt knowingly by the litigator. This can also be called as patent infringement, and the litigation will refer to as the lawsuit that arises due to the patent infringement. Knowledgentia Consultancy holds the pride of dealing with the most of the patent litigation in India and being the top priority while choosing the best law firm in India to tackle this issue.
Objects while dealing patent litigation
- Entities are the parties involved in the procedure of patent litigation, which can vary from any number of individuals or business entities.
- The claim of winning is the important thing to be considered while dealing with the matter of patent litigation where a solid proof is required by the company owning the patent by showing the patent rights in a restricted manner to the offending party.
- Patents are provided by the federal law governed by the federal agency of India. And the patent litigation in India takes place initially at the District courts and can be taken up to the International Trade Commission if there is an involvement of international entities.
- The final relief is sought by the owner of the patent after a successful patent litigation after which he can obtain a court order declaring the patent is valid and has been infringed by the offender, stopping the offender immediately of using the patented idea or technology.
Stepwise dealing the patent litigation in India
The following is the basic process to be followed by the owner of the patented idea or technology to be successful in saving the right of its patent:
- Search out the litigation: The foremost thing to be done by the patent owner is to search out how its patent has been infringed by the offender and does this actually lead to patent litigation or it is just the false accusation to be put on the entity. A thorough research has to be done to have a solid proof of the offender intruding the patented ideas of the patent owner.
- Asking specific questions: Next step involves the person to person questioning the offender about the infringement. When you get to know that your idea has been litigated, you step out to ask the valid questions regarding the offensive step taken regarding the patent litigation while consulting the law firms so that it can proceed the way it is meant to be. At Knowledgentia Consultancy, we help the clients deal with the problem of patent litigation without having any loopholes at any step so that the right party does not face any kind of wrong accusations.
- Expose the litigation: The process goes on to the stage where you can expose the patent litigation which is done by the offender with the valid amount of proof to be disclosed at the time of need. This is a very important step where you get the public know the damage which has been done by the offender to your patent rights.
- Prove the claim for your patent rights: Here, you are entitled to prove how the patent rights are reserved for you and this solely is under your control to do whatever changes or use of the patented idea.
- Finding out the real offender: This very step required the proper consultancy of a legal firm, and we here at Knowledgentia Consultancy, provide the full support on finding out the real lawbreaker who has been involved in the patent litigation in India so that proper steps can be taken against the offender under the jurisdiction.
- Aid in the court: When taken up this matter in to the judicial system of India, a proper way is presented where the owner puts up this issue in the eyes of law and demand the right decision to be taken against the offending entity & with the best law firm in India, Knowledgentia Consultancy, you can expect the pest case to be put up on your behalf.
- Preparation for questions: This marks as the last stage where the owner is asked the questions as to how the right belongs to the owner & how the case of patent litigation came up to the position as it is now. You will then be handed the complete justice according to the talks being held up at the court.
With the process as discussed above, you can get the proper justice to the patent litigation in India occurred to the patent under your rights and with complete faith over the top law firm in India, Knowledgentia Consultancy, you can have a hassle-free procedure with the safety of the patent right within your hands.