Section 107 Patents Act 1970 enumerates defences in an infringement suit. Which is NOT a recognised defence?
Answer & Solution
Correct answer: B.
1. Section 107(1) Patents Act 1970: '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. Section 107(2): use under Section 47 (use by Government in writing; research and experiment; medicine on prescription; instruction to pupils; foreign vessels in Indian territory) is not infringement.
3. Section 107A (BOLAR PROVISION, inserted 2005): act of making, constructing, using, selling or importing for purposes reasonably related to development and submission of information required by 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 — is not infringement.
4. INDEPENDENT INVENTION by another person is NOT a defence to patent infringement in India (patents are statutory grants creating a monopoly).
5. Hence option C is NOT a recognised defence.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 107; Section 107A (Bolar provision)_
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