Section104
The Patents Act, 1970

Jurisdiction

In force From 01 Apr 1978 Act 39 of 1970 As on 15 Oct 2026

Act 39 of 1970 Ministry Commerce and Industry Enacted 19 Sep 1970 In force 01 Apr 1978 Cited by 2 provisions

Section 104 of the Patents Act, 1970 deals with jurisdiction. 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 Act came into force on 01 Apr 1978.

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.

Section 104, The Patents Act, 1970 (Act 39 of 1970).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Bilcare Limited v. Associated Capsules Pvt. Ltd. (with Bilcare Ltd. v. The Supreme Industries Ltd.)

    High Court 20 Mar 2007 Persuasive (High Court — Final Order / Judgement) FAO 70/2007 & FAO 71/2007 (Del HC — J.M. Malik, J.) — 20.03.2007

    Court's Decision & Legal Precedent

    In a Patents Act s.48/104/108 infringement suit seeking interlocutory injunction, grant of a recent patent (here <6 years; registered 2004, suit 2006) does not create a presumption of validity for interim relief — s.13(4) and Bishwanath Prasad / Standipack line mean validity is always open, and where prior-art multilayer film literature and opposition raise tangible suspicion, damages/accounts are adequate; Del HC dismissed appeals and left trial-court vacation of ex parte injunction undisturbed.

    On this section: True

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 104

What have the courts held on Section 104 of the Patents Act?

Bilcare Limited v. Associated Capsules Pvt. Ltd. (with Bilcare Ltd. v. The Supreme Industries Ltd.) (20 Mar 2007) is the leading judgment on this section among those set out below: True.

How do I find court cases under Section 104 of the Patents Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 104, section 104 Patents Act, section 104 of the Patents Act. People searching for it also type patent act 104 and 104a patents act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bilcare Limited v. Associated Capsules Pvt. Ltd. (with Bilcare Ltd. v. The Supreme Industries Ltd.) (20 Mar 2007).

What should I read with Section 104 of the Patents Act, and has it changed?

Its own text turns on section 105 (Power of court to make declaration as to non-infringement), section 106 (Power of court to grant relief in cases of groundless threats of infringement proceedings), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.

When did Section 104 of the Patents Act come into force?

Section 104 of the Patents Act, cited as Patents Act 104, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.