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Patents Act, 1970 · Chapter XVIII — Suits Concerning Infringement of Patents

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

In plain English

Section 107A lists acts that are not infringement.

Clause (a) covers making, constructing, using, selling or importing a patented invention solely for uses reasonably related to developing and submitting information required by law, in India or abroad, that regulates the product (often called the regulatory or “Bolar” exception).

Clause (b) covers importing patented products from a person who is duly authorised under the law to produce and sell or distribute them (parallel import).

This is a summary, not legal advice. The text of the Act below governs. Summary by , Co-founder and CEO, PatentAssist.ai.

Text of section 107A

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.

All sections of the Patents Act, 1970

Text of the Patents Act, 1970 as amended up to 2024, from the consolidated version published by the Office of the Controller General of Patents, Designs and Trade Marks (IP India). Reproduced under section 52(1)(q) of the Copyright Act, 1957. Check the official text before relying on it.