Section 105: Power of court to make declaration as to non-infringement

Q: What does Section 105 of The Patents Act, 1970 (PA) deal with?

Section 105 PA pertains to "Power of court to make declaration as to non-infringement". It is part of the The Patents Act, 1970, a legislation enacted by the Parliament of India. Section 105 of The Patents Act, 1970 (PA) governs power of court to make declaration as to non-infringement. As verified on 19 May 2026.

Q: Is Section 105 PA still in force?

Yes, Section 105 of the The Patents Act, 1970 is currently in force across the Republic of India.

Q: What is धारा 105 PA?

धारा 105 PA is the Devanagari Hindi reference for Section 105 of the The Patents Act, 1970. Section 105 of The Patents Act, 1970 (PA) governs power of court to make declaration as to non-infringement. As verified on 19 May 2026.

Q: What is Dhara 105 PA?

Dhara 105 PA is the Roman Hindi reference for Section 105 of the The Patents Act, 1970. "Dhara" means "Section" in Hindi. Section 105 of The Patents Act, 1970 (PA) governs power of court to make declaration as to non-infringement. As verified on 19 May 2026.

Q: How to cite Section 105 of The Patents Act, 1970?

Cite as: "Section 105, The Patents Act, 1970 (PA)" in legal briefs. For academic writing, use the BlueBook format: The Patents Act, 1970, § 105 (India).

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that the plaintiff has applied in writing to the patentee or exclusive licensee for a' written acknowledgements to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and

that the patentee or licensee has refused or neglected to give such an acknowledgement.

(2)

The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff.

(3)

The validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid.

(4)

A suit for a declaration may be brought by virtue of this section at any time after the publication of grant of a patent, and references in this section to the patentee shall be construed accordingly.