Under Section 105(1) of the Patents Act, 1970, any person may institute a suit seeking:

Section 105(1) lets any person sue for "a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent". Validity cannot be questioned in such a suit under section 105(3), and a declaration that threats are unjustifiable is relief under section 106.