Whether this constitutes infringement
Jaydeep Kurup
(Querist) 02 February 2009
This query is : Resolved
A person holds a patent in a process invented by him.
Whether similar process undertaken by another person bonafide, without knowledge of patent already existing in such process would amount to an infringement.
This question has always come to my mind as to why should a person be penalised / asked to take a license for doing something which he created out of his own talent w/o copying some one else.
Pls clarify.
Manish Singh
(Expert) 02 February 2009
Dear Mr. Kurup,
under the Patent Act, the person who invented the process earlier has no effect (except under certain circumstances like using the same for a long time in public arena etc) unless he gets the registration. so it all matters upon the fact who has done registration first. you can also apply for registration at the stage of development your product or process where the invention has been partly done.
Jaydeep Kurup
(Querist) 03 February 2009
In the above case, the person who holds the patent has also got it registered in his name. So whether usage of process invented by him, by someone else who does the same process out of his own creativity w/o copying the patent holder constitutes infringement ?
We have got a notice for infringement. However my client has undertaken the process bonafide as mentioned above.
Whether this would be a valid defence ?
Manish Singh
(Expert) 03 February 2009
yes it constitutes infringement so the best way out is to make a mutual settlement otherwise you will have to contest the case.
arunprakaash.m.
(Expert) 03 February 2009
you can file your case before director general of patents.
B.B.R.Goud.
(Expert) 23 February 2009
you need to file a case, for the infringement of patent right over your exclusive process, before: The Director General Of Patents and initiate the proceedings under the intellectual property rights laws.
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
