A Patent Attorney should be well educated: Being a law graduate alone does not qualify one into a patent lawyer. A patent attorney with good grades in school is more likely to understand both the technical aspects and the legal implications on patent related cases.
A Patent Attorney Should Be Experienced: Due to the high demand for the patent attorneys, many people have come out and enrolled as patent agents.
Conclusion: Bear in mind that the outcome of your patent case is entirely pegged on the type of patent attorney you engage.
Qualities of a Good Patent Attorney
A patent confers the exclusive right on the patentee to make, distribute or sell the invention in India. An infringement would be when any of three rights is violated. In case of a process patent , the use of such a method or process in India by anyone other than the patentee amounts to infringement.
What can amount to infringement
(2) Immaterial variation in the invention.
Action of Infringement
The patentee has to institute a suit for infringement.Section 104 of the Act provides that a suit for infringement shall not be instituted in any court inferior to a District Court having jurisdiction to try the suit. In appropriate cases where the High Court has original jurisdiction to try the suit. The suit shall be instituted in the High Court.
A suit for infringement can be instituted only after the patent has been sealed.
The period a limitation for instituting a suit for patent infringement is three years from the date of infringement.
Only the person who has a right in the patent can institute a suit for infringement.
(1) The patentee.
An assignee cannot sue for infringement which occurred prior to assignment.
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