On the up: patent litigation trends in India

The overall perspective of innovators has changed dramatically from the mere creative aspect of inventing to gaining patent protection for inventions. Businesses are now well-positioned in the realm of patent litigation, with patent owners adopting an aggressive approach for enforcing their patent rights and technology rivals not hesitant to challenge the validity of patent rights. The attitude of courts in India in understanding complex patent infringement and validity issues has also gradually changed.

Enforcement

There has been a significant rise in patent litigation in India in the last few years. Pharmaceutical companies are very active in litigating their patents in India and enforcing their patent rights.

The Indian Patents Act provides for an appeal to the Intellectual Property Appellate Board (IPAB) to any decision, order or direction of the Controller under certain sections of the Indian Patent Act. Revocation petitions are also filed at the IPAB.