Section 104 Indian Patents Act
Section 104 of the Indian Patents Act
Section 104 of the Indian Patents Act 1970 is about Jurisdiction. It is under CHAPTER XVIII of the Act. CHAPTER XVIII is titled SUITS CONCERNING INFRINGEMENTS OF PATENTS.
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.
See also:
Section 103 Indian Patents Act 1970 (Reference to High Court of disputes as to use for purposes of Government.)