Certain acts not to be considered as infringement
Section 107A of the Patents Act, 1970 deals with certain acts not to be considered as infringement. For the purposes of this Act,-- (a) any act of making, constructing, [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, The Act came into force on 01 Apr 1978.
1[107A. Certain acts not to be considered as infringement.--For the purposes of this Act,--
(a) any act of making, constructing, 2[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, 3[use, sale or import] of any product;
(b) importation of patented products by any person from a person 4[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.]
Section 107A, The Patents Act, 1970 (Act 39 of 1970).
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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Chugai Seiyaku Kabushiki Kaisha v. Hetero Labs Ltd.
Court's Decision & Legal Precedent
Final Order order-1.pdf 2022-07-13. Body Date of Decision 13th July 2022 matches the index (DATE-CHECK false-positive VERIFY if auto-flagged). Prathiba M. Singh J. CS(COMM) 515/2021. Isolate: Patents s.107A Bolar exception — making, using or selling a patented invention solely for development and submission of information required under Indian law is not infringement; Hetero is bound to R&D/regulatory use of Alectinib only and may not commercially launch during the patent term. Consent/decree on Hetero’s 107A statement, not a contested export ruling. Leading HC. Distinctive (Chugai, Hetero, Alectinib). Do not pad 48/84.
On this section: Patents Act s.107A Bolar exception treats reasonably related R&D and regulatory-submission use of a patented invention as non-infringement; Hetero may prepare Alectinib for approval but cannot commercially launch during the patent (Chugai).
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 107A
What have the courts held on Section 107A of the Patents Act?
Chugai Seiyaku Kabushiki Kaisha v. Hetero Labs Ltd. (13 Jul 2022) is the leading judgment on this section among those set out below: Patents Act s.107A Bolar exception treats reasonably related R&D and regulatory-submission use of a patented invention as non-infringement; Hetero may prepare Alectinib for approval but cannot commercially launch during the patent (Chugai).
How do I find court cases under Section 107A 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 107A, section 107A Patents Act, section 107A of the Patents Act. People searching for it also type 107a 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 Chugai Seiyaku Kabushiki Kaisha v. Hetero Labs Ltd. (13 Jul 2022).
When did Section 107A of the Patents Act come into force?
Section 107A of the Patents Act, cited as Patents Act 107A, 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 14 Oct 2026. This page is not a substitute for legal advice.