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Article Vol. 2 No. 1 (2019) PP. 136 - 144

A Comparative Study on Patent Damages in United States and India

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Ragini Umrao
L.L.M., 1st Year, Indian Institute of Technology, Kharagpur, West Bengal, India
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Abstract

This Paper provides a concise summary of patent damages in US and India. Any person who invent something which is new as well as unique, which can help in reduction of cost that every class of people get the benefit of the invention, and also, improvement of technologies. On this invention he/she can get a patent for a period of twenty years, and during this period if any person is using, selling the invention, he shall be liable for infringement and patentee or patent holder has right to claim damage from infringer, patent can be extremely important for the patentee as well as world. The general question is that damages will depend on the country where you infringe. Different countries have different laws. In US law, provides Damages in section 35 U.S.C. 284 and the Indian Patent Act 1970, no express provision has been provided, but section 108(1) talks about Damages.

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International Journal of Law Management and Humanities, Volume 2, Issue 1, Page 136 - 144
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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