Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
Section 49 of the Patents Act, 1970 deals with patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India. Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be The Act came into force on 01 Apr 1978.
(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention--
(a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or
(b) in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be.
(2) This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.
Section 49, The Patents Act, 1970 (Act 39 of 1970).
Questions about Section 49
What does Section 49 of the Patents Act deal with?
Section 49 of the Patents Act is headed "Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India". Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be
How do I find court cases under Section 49 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 49, section 49 Patents Act, section 49 of the Patents Act. People searching for it also type patent act section 49. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 49 of the Patents Act come into force?
Section 49 of the Patents Act, cited as Patents Act 49, 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 15 Oct 2026. This page is not a substitute for legal advice.