Section 104 of The Patents Act, 1970, PA : Section 104: Jurisdiction

Explanation using Example

Imagine a scenario where Mr. Sharma, an inventor, holds a patent for an innovative solar-powered device. He discovers that Mr. Gupta, a local manufacturer, is producing a similar device without his permission. In response to this alleged patent infringement, Mr. Sharma decides to file a lawsuit.

According to Section 104 of The Patents Act, 1970, Mr. Sharma can't file this lawsuit in any court that is inferior to a district court. He must choose a district court that has the jurisdiction to try the suit.

Now, let's assume that Mr. Gupta, in his defense, counters with a claim for the revocation of Mr. Sharma's patent, arguing that the patent should never have been granted in the first place. In this case, the entire suit, including Mr. Gupta's counter-claim, will be transferred to the High Court for a decision, as per the provision of this section.