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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Kaveri Pharma obtained an Indian patent for a new drug formulation. Rohan Labs, without any licence, starts manufacturing and selling the same formulation in India. Which statement best reflects the patentee's position?

Kaveri Pharma may file an infringement suit. A product patent gives the owner the exclusive right to stop others from making, using, selling or importing the patented product without consent. Infringement depends on exploiting the claimed invention, not on copying the specification text, and the patentee itself sues.

  1. AKaveri Pharma may sue Rohan Labs for infringement, as a patent gives the right to prevent others from making and selling the patented product without consentCorrect
  2. BKaveri Pharma has no remedy unless Rohan Labs copied the written specification word for word
  3. COnly the Controller of Patents can sue for infringement
  4. DKaveri Pharma can act only after Rohan Labs has earned profits equal to the patent fee

Explanation

For a product patent, the patentee has the exclusive right to prevent third parties from making, using, offering for sale, selling or importing the product without consent. Infringement turns on use of the claimed invention, not on copying the text. The patentee itself brings a civil suit in the competent court.

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