Section 104 – THE PATENTS ACT, 1970

Jurisdiction

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.

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