A patent is only valuable if you can enforce it. When a competitor infringes your patent — or when you are accused of infringement — you need an experienced litigation team that combines technical expertise with courtroom skill. SCIPP Patents provides comprehensive patent enforcement and litigation services across Indian courts and tribunals.
Infringement Analysis
Before pursuing litigation, we conduct a detailed claim chart analysis — mapping the features of the accused product or process against the claims of your patent — to establish a clear infringement case. We also assess whether any defences, such as prior use, invalidity, or experimental use, are available to the alleged infringer.
In many cases, a well-drafted cease and desist letter — backed by a clear infringement analysis and the credibility of experienced patent counsel — can resolve a dispute without litigation. We draft strategic enforcement correspondence designed to achieve resolution without court intervention where possible.
When litigation is necessary, we represent patent owners before the Delhi High Court (which has original jurisdiction over Indian patent matters) and other competent courts. We manage the full litigation process — from filing the suit to interim injunctions, discovery, trial, and final judgment.
Interim Injunction Applications
Speed matters in patent enforcement. When infringement is causing ongoing harm, we move for interim injunctions to stop the infringing activity while the suit is pending. Our applications are prepared with urgency and supported by strong technical and legal arguments.
Pre-Grant Opposition
Any person can oppose a patent application before grant under Section 25(1) of the Patents Act, 1970. We represent clients in filing and defending pre-grant oppositions — an often under-utilised tool to prevent competitors from obtaining broad patent rights that could hamper your business.
Within one year of the grant of a patent, any person interested may file a post-grant opposition under Section 25(2). We prepare comprehensive opposition petitions supported by prior art, expert evidence, and detailed claim analysis.
A patent may be revoked on grounds including lack of novelty, lack of inventive step, non-patentable subject matter, insufficiency of disclosure, or fraud. We represent parties in revocation proceedings before the High Court and before the Intellectual Property Appellate Board (IPAB) successor forums.
Patent Defence — When You Are Accused
If you receive an infringement notice or are sued for patent infringement, our team mounts a robust defence. We analyse the patent’s validity, assess the scope of claims, identify design-around options, and where appropriate, file for revocation of the asserted patent.
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