Wednesday 23 April 2014

SUITS CONCERNINC PART 19 INFRINGEMENTS OF PATENTS

Sections 104 to 115 deal with the subject of suits concerning infringement of patents. Section 104 provides for the jurisdiction of a court for suits to be instituted for Infringement of a patent. Section l05provides that a person may obtain a declaration from the court to the effect that the use by him of any process or the making, use or sale of an article does not constitute infringement of a patent claim even though the patentee or licensee has not alleged any infringement. Section 106 empowers the court to grant relief in cases of groundless threats of infringement, including an injunction (subject to such terms, if any as the court thinks fit) and damages or an account of profit.

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