By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice: see our disclaimer
Where Patent Infringement Suits Are Filed
Patent infringement suits are filed before the commercial division of a High Court with jurisdiction, typically where the defendant resides or carries on business, or where the cause of action arose. Several High Courts, including Delhi, have developed significant specialised patent litigation practice and case law.
Claim Construction: What the Patent Actually Protects
The scope of protection is defined not by the invention in the abstract but by the specific claims of the granted patent, read in light of the specification and, where relevant, the prosecution history. Courts generally apply a purposive construction, asking what a person skilled in the relevant art would understand the claim language to mean, rather than a rigid, literal, word-by-word reading that could allow trivial variations to escape infringement.
What a Patentee Must Establish
To succeed, a patentee must show that the patent is valid and subsisting, that the defendant's product or process falls within the scope of at least one claim as properly construed, and, for interim relief, that there is a strong prima facie case, that the balance of convenience favours an injunction, and that irreparable harm would result without one.
Common Defences and Interim Relief
Defendants commonly challenge patent validity itself (via a counterclaim for revocation), argue non-infringement through claim construction, or invoke specific statutory defences such as the Bolar exception under Section 107A for regulatory-approval-related activity. Because full trials can take years, interim injunctions, and increasingly, orders for security deposits or accounts of profits pending trial, play an outsized role in how patent disputes are actually resolved in India.
Frequently Asked Questions
What does 'claim construction' mean in a patent case?
It is the process by which a court determines what a patent's claims actually cover: interpreting the claim language in light of the specification, as a person skilled in the relevant technical field would understand it, rather than reading the words in isolation.
Can a defendant challenge the patent's validity in the same infringement suit?
Yes. A defendant can file a counterclaim for revocation of the patent within the same infringement proceeding, and Indian commercial courts commonly hear infringement and validity issues together.
What is the Bolar exception and when does it apply?
Section 107A of the Patents Act permits certain acts, such as making or using a patented invention solely for developing information required for regulatory approval, without that amounting to infringement: courts construe this exception narrowly and require proof of a genuine regulatory purpose.
How quickly can a patentee get an injunction?
Where a strong prima facie case, balance of convenience and irreparable harm are shown, courts can and do grant interim or even ex parte injunctions relatively quickly, though a final determination of infringement and validity still awaits trial.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Patents Act, 1970, Sections 48 (rights of patentee) and 107A (Bolar exception).
- Commercial Courts Act, 2015 (jurisdiction over IP suits of specified value).