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CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS

Section 107A: Certain acts not to be considered as infringement

The Patents Act, 1970

1[For the purposes of this Act,—

(a) any act of making, constructing, 2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction,3[use, sale or import] of any product;

(b) importation of patented products by any person from a person 4[who is duly authorised under the law to produce and sell or distribute the product],

shall not be considered as an infringement of patent rights.]

Footnotes in the official text

  1. 1.Ins. by Act 38 of 2002, s. 44 (w.e.f. 20-5-2003).
  2. 2.Subs. by Act 15 of 2005, s. 58, for “using or selling” (w.e.f. 1-1-2005).
  3. 3.Subs. by s. 58, ibid., for “use or sale,” (w.e.f. 1-1-2005).
  4. 4.Subs. by s. 58, ibid., for “who is duly authorised by the patentee to sell or distribute the product” (w.e.f. 1-1-2005).

Questions on this section

1 question in 1 of our papers cite Section 107A.

Practise questions on Intellectual Property Law