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[Cites 0, Cited by 1] [Section 106] [Entire Act]

Union of India - Subsection

Section 106(2) in The Patents Act, 1970

(2)Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid the court may grant to the plaintiff all or any of the reliefs prayed for.Explanation.—A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section.