Right of licensee under section 84 to take proceedings against infringement
Section 110 of the Patents Act, 1970 deals with right of licensee under section 84 to take proceedings against infringement. Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceed The Act came into force on 01 Apr 1978.
Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
Section 110, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
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Questions about Section 110
What does Section 110 of the Patents Act deal with?
Section 110 of the Patents Act is headed "Right of licensee under section 84 to take proceedings against infringement". Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceed
How do I find court cases under Section 110 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 110, section 110 Patents Act, section 110 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 110 of the Patents Act, and has it changed?
Its own text turns on section 84 (Compulsory licences), so none of them can safely be read on its own.
When did Section 110 of the Patents Act come into force?
Section 110 of the Patents Act, cited as Patents Act 110, 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 23 Oct 2026. This page is not a substitute for legal advice.