- This is a case voluntarily filed by any person using a patented invention before the patentee reaches to the court.
- Beyond the boundaries mentioned in section 34 of the Specific Relief Act, 1963, any person may file a case for declaration that the use of any process / making or sale of any product by him shall not be considered as an infringement even though a contradictory suit has been filed by the patentee or any person with right on a patent if, the person shows
- that he has already applied in writing for the written acknowledgements for the use of the patent to the patentee furnishing the complete particulars in writing of the process or the product; and
- the patentee has refused or neglected to give such an acknowledgement.
- The costs for all parties on such cases for declaration shall be paid by the person filing the case unless the court thinks and orders in other manner.
- No question relating to the validity of a claim or the patent shall be raised in the case for declaration under this section and the acceptance or refusal of such a case on any patent shall not mean that the patent is either invalid or valid.
- A case for declaration shall be filed under this section at anytime after the publication of grant of a patent.