Availability of the Interim Injunction for Non-working Patents
Keywords:
Patent, compulsory license, interim injunction, non-working patent, infringementAbstract
Intellectual property rights (IPR) include patent rights, which protect new and exceptional inventions by entrepreneurs. Unfortunately, IPR is still not widely understood, and only a few entrepreneurs are aware of its importance. Nevertheless, laws have been introduced to safeguard the interests of inventors and provide a commercial space for their inventions. Patents are generally classified into working and non-working patents. It is always a matter of confusion whether the rights available to the patentee are the same in both working and non-working patents. Therefore, this article aims to clarify the availability of rights for different types of patents, explain Form 27 of the Patent Act, 1970, discuss compulsory licensing, provide information about remedies available in cases of patent infringement, and examine case laws for the same.
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