Section 107 – THE PATENTS ACT, 1970

Defences, etc., in suits 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 of other article or by the using of any process or by the importation,
use or distribution or 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.

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