This document discusses patent infringement, including what it is, possible consequences, how infringement is judged, and types of infringement. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission. There are two types of infringement: direct infringement, which is willful use of a patented invention without permission, and indirect infringement, which involves supplying products that can only be used to infringe a patent. Determining infringement is a two-step process that involves analyzing patent claims and whether they read on the accused device or process. Examples of infringement cases from 2018, 2010, and 2009 are also provided.

1. Patent Infringement and its Types
Prepared By:
Vishal Bhuva

2. What is PATENT INFRINGEMENT
● Patent infringement is the commission of a prohibited act with respect
to a patented invention without permission from the patent holder.
● It occurs when someone violates the patent rights an inventor has in
his invention by making , using or selling the invention without the
patent owner's permission ( or if the patent has been licensed ) , in a
way not permitted by the license .

3. Possible Consequences
1. A huge barrier for independent innovation.
2. Great challenge to the social civilization and sanctity of the law.
3. A damage to the economic laws and law of value.
4. An illegal behavior that destroys the fair and orderly market
competitive order .

4. Judge a Patent Infringement
A determination of patent infringement involves a two - step process :
1. The claims are analyzed by studying all the relevant patent documents
2. The claims must read on the accused device or process In a word , the
claims are tested to see whether they describe the accused
infringement

5. Type of Patent Infringement
DIRECT INFRINGEMENT
► It directly states that the third
party has willfully or
intentionally stole the technology
from the inventor without his
prior permission.
► It occurs when someone directly
makes , uses or sells the patented
invention within the country.
INDIRECT INFRINGEMENT
► It refers to the unfair practice
that does not give a clear
indication that the patent is
bought and sold in the market.
► It occurs , for instance , when a
device is claimed in a patent a
third party supplies a product
which can only be reasonably
used to make the claimed device.

6. Direct or Indirect Infringement?
DIRECT INFRINGEMENT
1. Manufacture Patented Technology
2. Use Patented Technology
3. After Patented Technology
4. For Sale Sell Patented Technology
5. Import Patented Technology ,
6. Pass Off The Patented
INDIRECT INFRINGEMENT
1. Sell Parts That Can Only Be Realistically
Used For A Patented Invention
2. Sell An Invention With Instructions On
Using A Certain Method That Infringes
On A Method Patent
3. License An Invention That Is Covered
By Another's Patent
4. Sell Material Components That Have
Been Especially Made For Use In A
Patented Invention And Have No Other
Commercial Use

7. Cases of Patent Infringement
YEAR 2018
SUN pharma’s Subsidiary
(DUSA) file lawsuit in US
aginst a German
drugmaker Biofrontera for
obtain confidential Info of
“Dusa-levulan , Kerastisk”
YEAR 2010
Apple filed a lawsuit
against HTC for infringing
on 20 Apple patents
related to the iPhone's user
interface , underlying
architecture and Hardwere.
YEAR 2009
Nokia sued Apple for
violation of 10 patents it
holds on several
wireless technologies .

8. THANK YOU

9. Refference
https://ipindia.gov.in/
https://economictimes.indiatimes.com/industry/healthcare/biotech/p
harmaceuticals/sun-pharma-arm-gets-relief-from-us-court-in-patent-
infringement-case/articleshow/67257980.cms?from=mdr
https://appleinsider.com/articles/14/03/27/iphone-ip-wars-nokia-vs-
apple-vs-htc-motorola-samsung
https://www.upcounsel.com/types-of-patent-infringement