The Patent litigation occurs when a person who holds the rights to a patent enforces patent rights against somebody else who is selling or making the invention without the permission of the person who owns the patent. This type of patent litigation is called a patent infringement complaint. In most cases, when one person decides to sue over the rights of a patent, the other person counter-sues, claiming the patent is invalid. Patent Litigation Trends in India has some interesting findings, including:
- Although the number of patents filed in India is enduring to grow, the number of decided patent litigation suits is quite low.
- There have only been 8 decided cases in total since 2000;
- Then on the whole the Indian courts seem to be anti-patent, with 33 decisions against patentees and 14 for them.
- Most Indian patent litigation has involved small entities.
- Unpredictably, litigation tended to occur early in the life of the patent.
- Patents with more claims were more probable to be the subject of litigation.