{"data":{"id":"us-in/ic-24-11-3-3","jurisdiction":"us-in","citation":"IC 24-11-3-3","heading":"Factors as evidence of not bad faith","body":"Sec. 3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:\n(1) The demand letter contains the information described in section 2(a)(1) of this chapter.\n(2) If the:\n(A) demand letter lacks the information described in section 2(a)(1) of this chapter; and\n(B) target requests the information;\nthe person provides the information to the target within a reasonable period of time.\n(3) The person engages in a good faith effort to:\n(A) establish that the target has infringed the patent; and\n(B) negotiate an appropriate remedy.\n(4) The person makes a substantial investment in the:\n(A) use of the patent; or\n(B) production or sale of a product or item covered by the patent.\n(5) The person is:\n(A) the inventor or joint inventor of the patent; or\n(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.\n(6) The person has:\n(A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or\n(B) successfully enforced the patent, or a substantially similar patent, through litigation.\n(7) Any other factor the court finds relevant.","path":["TITLE 24. TRADE REGULATION","ARTICLE 11. BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT","Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited"],"source_url":"https://iga.in.gov/ic/2026/Title_24.html#24-11-3-3","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-04T18:50:41Z","sha256":"7856fba553b5a9face8f8d0a10826bf8c393a6fba8b6bdf590efd14bf04a0fc7","source_id":"us-in","stale":false,"prev":"us-in/ic-24-11-3-2","next":"us-in/ic-24-11-4-1"},"notice":"GroundRules: Original legal text. Not legal advice."}