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Section 107 A – The Patents Act,1970

The Patents Act,1970

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

1[Certain acts not to be considered as infringement. For the purposes of this Act,

(a) any art of making, constructing, 2[using, selling or importing] a patented invention solely for uses reasonably relating 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.]

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1. Inserted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.

2. Substituted for “using or selling” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

3. Substituted for “use or sale” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

4. Substituted for “who is duly authorised by the patentee to sell or distribute the product” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

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The Patents Act,1970

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