What is meant by potential infringement under Patent Act, 1970? Explain in brief.
CS Executive · Economic and Commercial Laws · PYQS · December 2021
What is meant by potential infringement under Patent Act, 1970? Explain in brief.
Answer & Explanation:
Potential infringement is when an invention would infringe an existing patent when put in practice. Section 19(1) of the Patents Act, 1970 provides that if in consequence of the investigations it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent, be inserted in the applicant's complete specification by way of notice to the public within such time as may be prescribed, unless the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or the complete specification is amended to the satisfaction of the Controller. Under Section 19(2), where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)— that other patent is revoked or otherwise ceases to be in force; or the specification of that other patent is amended by the deletion of the relevant claim; or it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention, the Controller may, on the application of the applicant, delete the reference to that other patent.
Topics: Patents Act, 1970
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