# The Patents Act, 1970, Section 104: Jurisdiction

- Act: The Patents Act, 1970 (Act 39 of 1970)
- In force from: 1978-04-01
- Ministry: Ministry of Commerce and Industry
- Source URL: https://indiacode.ecourtsindia.com/patents-act/section/104/

## Text

No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision.

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