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Where do I sue for patent infringement, and what if the patent is attacked?
The forum rules in section 104 interact with revocation. Pick your position.
Choose the forum knowing a revocation counterclaim moves the case.
High complexity - significant legal consequences
- An infringement suit must be filed in a court at least as senior as a district court that has jurisdiction (section 104).
- If the defendant counterclaims for revocation, the whole suit and counterclaim must be decided by the High Court (section 104; section 64(1)).
- So check your claims against the grounds in section 64(1) before suing: novelty, inventive step, sufficiency, clarity, entitlement, and compliance with sections 8 and 39.
- Before filing, confirm your title is on the register (section 69(5)), and if there are co-owners, agree who sues and who consents (section 50).
- The sections we checked do not decide territorial jurisdiction or interim relief; an advocate must advise on those.
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