Certificate of validity of specification and costs of subsequent suits for infringement thereof
Section 113 of the Patents Act, 1970 deals with certificate of validity of specification and costs of subsequent suits for infringement thereof. If in any proceedings before a High Court for the revocation of a patent under section 64 and section 104, the validity of any claim of a specification is contested and that claim is found by the High Court to be valid, the High Court may certify that the validity of that claim was contested in thos The Act came into force on 01 Apr 1978.
1[(1) If in any proceedings before 2*** a High Court for the revocation of a patent under section 64 and section 104, 3*** the validity of any claim of a specification is contested and that claim is found by 2*** the High Court to be valid, 2*** the High Court may certify that the validity of that claim was contested in those proceedings and was upheld.]
(2) Where any such certificate has been granted, then, if in any subsequent suit before a court for infringement of that claim of the patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person relying on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment of his full costs, charges and expenses of an incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying the suit or proceeding otherwise directs:
Provided that the costs as specified in this sub-section shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate.
4[(3) Nothing contained in this section shall be construed as authorising the courts 2*** hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein.]
Section 113, The Patents Act, 1970 (Act 39 of 1970).
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Questions about Section 113
What does Section 113 of the Patents Act deal with?
Section 113 of the Patents Act is headed "Certificate of validity of specification and costs of subsequent suits for infringement thereof". If in any proceedings before a High Court for the revocation of a patent under section 64 and section 104, the validity of any claim of a specification is contested and that claim is found by the High Court to be valid, the High Court may certify that the validity of that claim was contested in thos
How do I find court cases under Section 113 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 113, section 113 Patents Act, section 113 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 113 of the Patents Act, and has it changed?
Its own text turns on section 64 (Revocation of Power patents), section 104 (Jurisdiction), so none of them can safely be read on its own.
When did Section 113 of the Patents Act come into force?
Section 113 of the Patents Act, cited as Patents Act 113, 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 17 Oct 2026. This page is not a substitute for legal advice.