Which of the following is true as to infringement of patents? I. What constitutes infringement is not…
All four statements are correct. The Patents Act protects specified exclusive rights rather than providing a general definition of infringement; the plaintiff must establish…
Choose your answer
Which of the following is true as to infringement of patents?
I. What constitutes infringement is not defined under Patent Act, 1970
II. The onus of establishing infringement is on the plaintiff
III. There is no infringement of invalid patent
IV. On the question of infringement, intention of the defendant is not material
Answer and explanation
Correct answer D
All four statements are correct. The Patents Act protects specified exclusive rights rather than providing a general definition of infringement; the plaintiff must establish infringement, and an invalid patent cannot support an enforceable monopoly. Intention to infringe is not an element of liability, although knowledge can affect the availability of damages.
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