Which Acts are Not Considered to be Amounting To Infringement Under The Patent Act ?

 

The Patents (Amendment) Act, 2002 inserted a new Section 10A dealing with acts not to be considered as infringement. These are:

  • Any act of making, constructing, using or selling a patented invention solely for uses reasonably related to development and submission of information required under any law for the time being in force, in India or abroad, that regulates the manufacture, construction, use or sale of any product.
  • Importation of patented products by any person from a person who is duly authorized by the patentee to sell or distribute the product.