A patent can be enforced against an infringer only in Civil Courts and not below the Court of a District Judge. For Chennai, Delhi, Kolkata and Mumbai, a patentee can file a suit for infringement even in the High Court if the claimant chooses to value the suit greater than the limit prescribed by each High Court. For example, a suit for infringement of a patent would be filed only before the Delhi High Court if the value of the suit exceeds INR 2 Crores (approximately USD 0.25 million). However, as the value of the suit increases, so does the value of the Court fee, and this could influence the claimant’s choice between a District and High Court in aforesaid jurisdictions.
