Patents Act · Chapter XVIII

Suits Concerning Infringement of Patents

Chapter XVIII of the Patents Act, 1970 contains 14 sections, of which 1 has been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

104–115

Section numbers

104JurisdictionFixes the District Court as the lowest court for patent suits, with transfer to the High Court when the defendant counter-claims for revocation.
104ABurden of proof in case of suits concerning infringementLets the court order a defendant in a process patent case to prove that its own process differs from the patented one.
105Power of court to make declaration as to non-infringementLets a person sue for a court declaration that what they make, use or sell does not infringe a particular patent.
106Power of court to grant relief in cases of groundless threats of infringement proceedingsLets a person threatened with baseless patent infringement proceedings sue for a declaration, an injunction against the threats and damages.
107Defences, etc., in suits for infringementMakes every ground for revoking a patent available as a defence in an infringement suit, along with the conditions attached under Section 47.
107ACertain acts not to be considered as infringementSays regulatory and research use of a patented invention, and importation from a person lawfully authorised to sell it, are not infringement.
108Reliefs in suits for infringementSets out what a court can award for patent infringement: an injunction, and at the plaintiff's option either damages or an account of profits.
109Right of exclusive licensee to take proceedings against infringementGives an exclusive licensee the right to sue for infringement in its own name, with the patentee joined in the suit.
110Right of licensee under section 84 to take proceedings against infringementAllows a compulsory licensee to sue for infringement in its own name if the patentee refuses or neglects to act within two months.
111Restriction on power of court to grant damages or account of profits for infringementBars damages or an account of profits in defined situations, including innocent infringement, lapsed renewal periods and post-publication amendments.
112Restriction on power of court to grant injunction in certain cases OmittedAn omitted provision that once stopped courts from injuncting a defendant willing to take a licence under the abolished licences of right scheme.
113Certificate of validity of specification and costs of subsequent suits for infringement thereofLets a court certify that a patent claim was contested and upheld, which gives the patentee stronger costs protection in later proceedings.
114Relief for infringement of partially valid specificationAllows relief for infringement of valid claims even when other claims are invalid, but limits damages and costs to good faith drafting.
115Scientific advisersLets a court appoint an independent scientific adviser to help it understand technical questions in a patent case.