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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Veda Tools Pvt Ltd sells a patented drill bit in Pune. Its packaging carries only the word "Patented" with no patent number. Karan Engineering, unaware of any patent, copies and sells the bit. In the infringement suit, what is the position on damages against Karan?

Karan can escape damages or an account of profits by proving he was unaware and had no reasonable grounds to believe a patent existed. The word "Patented" without the patent number does not deem him aware. An injunction can still be granted.

  1. AKaran can avoid damages or an account of profits if he proves he was unaware and had no reasonable grounds to believe a patent existed, as the bare word "Patented" without a number does not make him awareCorrect
  2. BDamages must be awarded, because the word "Patented" on the article is enough to fix him with knowledge
  3. CDamages are barred and the court also cannot grant an injunction against Karan
  4. DDamages are barred only if Karan proves that the patent was invalid

Explanation

Section 111(1) bars damages or an account of profits against a defendant who proves he was not aware and had no reasonable grounds for believing the patent existed. Under the Explanation, the word "patented" does not by itself give awareness unless the patent number accompanies it. Option 3 is wrong because s.111(4) preserves the power to grant an injunction.

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