Section108
The Patents Act, 1970

Reliefs in suits for infringement

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

Section 108 of the Patents Act, 1970 deals with reliefs in suits for infringement. ] The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits. The Act came into force on 01 Apr 1978.

1[(1)] The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

2[(2) The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation.]

Section 108, The Patents Act, 1970 (Act 39 of 1970).

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 108

What have the courts held on Section 108 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 108 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 108, section 108 Patents Act, section 108 of the Patents Act. People searching for it also type uk patents act rule 108. 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).

When did Section 108 of the Patents Act come into force?

Section 108 of the Patents Act, cited as Patents Act 108, 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.