September 12, 2026

Section 114 – Patents Act, 1970

114. Relief for infringement of partially valid specification

(1) If, in infringement proceedings, the alleged-infringed claim is valid but another claim is invalid, the court may grant relief on the valid claim, but only by way of injunction, unless sub-section (2) applies.

(2) Where the plaintiff proves the invalid claim was framed in good faith with reasonable skill and knowledge, the court shall grant relief on the infringed valid claim, at its discretion as to costs and the date from which damages/profits are reckoned, considering the parties’ conduct regarding the invalid claims.