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

The Patents Act, 1970Central Act · Act 39 of 1970

[107A. Certain acts not to be considered as infringement.--For the purposes of this Act,--

(a) any act of making, constructing, [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, [use, sale or import] of any product;

(b) importation of patented products by any person from a person [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.]

Where this provision sits

Act	The Patents Act, 1970
Section	107A
Marginal note	Certain acts not to be considered as infringement.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

inserted, Act 38 of 2002. . Ins. by Act 38 of 2002, s. 44 (w.e.f 20-5-2003).
substituted, Act 15 of 2005. . Subs. by Act 15 of 2005, s. 58, for "using or selling" (w.e.f. 1-1-2005).
substituted. . Subs. by s. 58, ibid., for "use or sale" (w.e.f. 1-1-2005).
substituted. . 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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