Key terms Patent Act Term#10: Jurisdiction

1. Term #10
Jurisdiction
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker
Indian Patents Act 1970

2. Jurisdiction
• Latin juris 'law' + dictio 'declaration'
• The geographic area over which authority
extends for the authority to hear and
determine causes of action.
• Jurisdiction also denotes the geographical
area or subject-matter to which such
authority applies.

3. Jurisdiction
• The term "jurisdiction" refers to a
court's power to hear a case.
• When an offence has been committed
at a particular place, usually the court
in whose jurisdiction the crime has
been committed has the jurisdiction
to inquire into and try that case.

4. Jurisdiction
over the
subject-
matter
Territorial
Jurisdiction
Pecuniary
Jurisdiction
Original or
Appellate
Jurisdiction

5. U/S 2, Definitions and interpretation
High Court in relation to a State or
Union territory, means the High
Court having territorial jurisdiction
in that State or Union territory.

6. U/S 74, Patent office
and its branches
The Head Office of the Patent Office
is at Kolkata and three branch offices
are at Chennai, Delhi and Mumbai.
The jurisdiction of the each office is
specific.

7. U/S 74, Patent office and its branches
Patent Office Territorial Jurisdiction
Mumbai The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh,
the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
Delhi
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab,
Rajasthan, Uttar Pradesh, Uttaranchal, National Capital Territory of Delhi
and the Union Territory of Chandigarh
Chennai
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the
Union Territories of Pondecherry and Lakshdweep.
Kolkata
Rest of India.

8. U/S 104, 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

9. U/S 116, Appellate Board
The Appellate Board shall exercise the
jurisdiction, power and authority
conferred on it by or under this Act.

10. U/ S 117, Bar of
jurisdiction of courts, etc
• No court or other authority shall
have or, be entitled to, exercise any
jurisdiction, powers or authority in
relation to the matters referred to in
sub-section (2) of section 117A or
section 117D.

11. U/S 148, Declaration by infant,
lunatic etc
Due to minority, lunacy or other disability if a
person is incapable of making any statement
or doing anything required under this act, any
person appointed by any court possessing
jurisdiction in respect of his property, may
make such statement or do such things on
behalf of the person subject to the disability.

12. Question
A suit for infringement has to be filed in:
a. Any court not inferior to district court
b. Any court not inferior to High court
c. Any court not inferior to Civil court
d. Any court regardless of jurisdiction

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