Mr. Arun is the patentee of Patent No. 123456 relating to a new pharmaceutical drug. He files a suit…
Research or instructional use does not always infringe a patent. Section 47(3) permits use merely for experiment or research, including teaching pupils, and section 107…
Choose your answer
Mr. Arun is the patentee of Patent No. 123456 relating to a new pharmaceutical drug. He files a suit for infringement against Ms. Neena, alleging that she has used his patented drug in her research. Under the provisions of the Patents Act, 1970, which of the following statements is NOT correct?
Answer and explanation
Correct answer D
Research or instructional use does not always infringe a patent. Section 47(3) permits use merely for experiment or research, including teaching pupils, and section 107 makes compliance with that condition a defence. Every statutory revocation ground is also available as a defence; ordinary unauthorised commercial exploitation is a different use.
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