Act Number: 39

Act Name: The Patents Act, 1970

Year: 1970

Enactment Date: 1970-09-19

Long Title: An Act to amend and consolidate the law relating to patents.

Ministry: Ministry of Commerce and Industry

Department: Department of Promotion of Industry and Internal Trade

Section 107A: Certain acts not to be considered as infringement.
    1[107A. Certain acts not to be considered as infringement.--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.]
Notes:
1. Ins. by Act 38 of 2002, s. 44 (w.e.f 20-5-2003).
2. Subs. by Act 15 of 2005, s. 58, for "using or selling" (w.e.f. 1-1-2005).
3. Subs. by s. 58, ibid., for "use or sale" (w.e.f. 1-1-2005).
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).
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