Once a patent has been granted to the patentee, the right to exclusively use the patent subsists for twenty years with him. If a person uses the patent without the authorisation of the patentee in any manner, it would tantamount to patent infringement. If the subject matter of the patent is a product, the making, using, offering for sale, selling or importing for those purposes that product in India would amount to infringement. If the subject matter of a patent is a process, then the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India amounts to infringement.
A patent infringement suit must be initiated in the District Court or any other superior Court to it. If a patentee proves that a product obtained by a process is identical to the product obtained from a patented process, then burden to prove that the process is not identical lies upon the defendant. An important defence available to the defendant which does not constitute an infringement is the act of making, constructing, using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law.
The remedies available to the patentee in case of infringement include an injunction and, at the option of the plaintiff, either damages or an account of profits. The court may also order for the infringing goods to be seized, forfeited or destroyed. A person who holds a licence to use a patent shall also have the right like the patentee to sue for the infringement of the patent. The court may also in a suit for infringement appoint an independent scientific adviser, to assist the court or to inquire and report upon any such question of fact or of opinion.