Skip to main content

An in-depth discourse on how patents can be protected before courts in India under the Patents Act 1970.

The chapter describes the processes involved in filing, publication and examination of a patent application and opposition proceedings. Injunctions and representation before customs authorities are effective ways of preventing or mitigating patent infringement.

Discussion focuses on the initial steps towards initiating civil proceedings against infringement of patent, and the prerequisites to filing a lawsuit. It discusses pleading standards and the necessary parties to an action for infringement; the scope of protection of intellectual property rights and remedies for revocation and cancellation of patent.

Authored by Pravin Anand, Dhruv Anand and Udita M Patro.

This chapter was published in Chambers and Partners Global Practice Guide: Patent Litigation 2017.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Sep 25, 2026

India’s startup ecosystem is becoming increasingly innovation-led, and the country’s intellectual property numbers offer an interesting glimpse into

India’s IP Numbers Tell a Bigger Story  About Startup Founders in India
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Asialaw. By: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which

From Innovation Incentives to Technology Diffusion: Protecting IP Created by Agentic AI
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Lexology. Authors: Lakshmidevi Somanath and Kanishka Vaish I. INTRODUCTION The analysis of intellectual property licensing has usually

IP Licenses in Hybrid form and Royalty Payments Post-Patent Expiration: Balancing Patent Expiration and Continuing Rights to Trade Secrets and Know-How
News & Updates, Thought Leadership
•
Sep 20, 2026

For a startup founder, a cease and desist notice can arrive at an uncomfortable point in the life of a business: when a brand is gaining recognition, a

Is a Cease and Desist Notice Legally Binding in India: Consequences of an IP Dispute for Startups