Skip to main content

Excerpts from The Patent Litigation Law Review.

Overview

The Modi government has signalled that it recognises the importance of intellectual property and expediting litigation in India’s growth map for the coming years.

With this in mind, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act 2015 (Commercial Courts Act) has been introduced to speed up commercial litigation in the country. All patent disputes are covered by this statute.

Courts of first instance

A district court is the lowest court before which a patent infringement suit can be filed. If a patent infringement lawsuit is filed before a district court and the defendant counterclaims for invalidity then the suit is transferred to the high court.

Only six high courts can entertain lawsuits in the first instance. This is commonly referred to as ‘original jurisdiction’. Most patent litigation is filed before high courts.

After the Commercial Courts Act, not all district courts can entertain ‘commercial’ lawsuits under the Commercial Courts Act. Under this Act, commercial suits can be filed only before courts designated as ‘commercial courts’ or before a high court division designated as a ‘commercial division’.

Authored by Pravin Anand and Abhilasha Nautiyal.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Oct 23, 2026

Imagine a researcher using artificial intelligence to identify a new material, a pharmaceutical team using machine learning to discover a promising compound,

Can AI-Assisted Inventions Be Patented in India?
News & Updates, Thought Leadership
•
Oct 20, 2026

Every time someone publishes an article, uploads a photograph, releases a song or shares research online, they contribute to an expanding body of human

Who Owns Internet’s Knowledge? Copyright, AI Training and Indian Law
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions
Thought Leadership
•
Oct 15, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda Imagine you gave a supersmart robot a credit card and told it to “buy the best

Taming the AI Beast: How Big Companies Build Safe AI Agents