Section 107 — Defences, etc., in suit for infringement.

Defences, etc., in suit for infringement.—(1) In any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. 2[107A. Certain acts not to be considered as infringement.—For the purposes of this Act,— (a) any act of making, constructing, 3[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, 4[use, sale or import] of any product; (b) importation of patented products by any person from a person 5[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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