Defences, etc., in suit for infringement
Section 107 of the Patents Act, 1970 deals with defences, etc., in suit for infringement. 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. The Act came into force on 01 Apr 1978.
(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.
Section 107, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vifor (International) Ltd. & Anr. v. Corona Remedies Pvt. Ltd. & Anr. (with FAO(OS)(COMM) 159/2023 & 161/2023)
Court's Decision & Legal Precedent
Patents Act s.107 lets an infringement defendant raise every s.64 revocation ground as a defence; for product-by-process claims, that invalidity challenge is addressed to the product itself (not merely process terms), and infringement/coverage analysis must track the claim construction adopted for product-by-process patents.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 107
What have the courts held on Section 107 of the Patents Act?
Vifor (International) Ltd. & Anr. v. Corona Remedies Pvt. Ltd. & Anr. (with FAO(OS)(COMM) 159/2023 & 161/2023) (07 Feb 2024) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 107 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 107, section 107 Patents Act, section 107 of the Patents Act. People searching for it also type 107a patents act and 107 patents act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vifor (International) Ltd. & Anr. v. Corona Remedies Pvt. Ltd. & Anr. (with FAO(OS)(COMM) 159/2023 & 161/2023) (07 Feb 2024).
What should I read with Section 107 of the Patents Act, and has it changed?
Its own text turns on section 47 (Grant of patents to be subject to certain conditions), section 64 (Revocation of Power patents), so none of them can safely be read on its own.
When did Section 107 of the Patents Act come into force?
Section 107 of the Patents Act, cited as Patents Act 107, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.