Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Rao Industries is sued for infringing a patent for a machine. It pleads that its making and use of the machine was in accordance with the conditions specified in section 47. Which statement is correct under section 107?

The plea is a valid defence. Section 107(2) allows a defendant sued for making, using or importing any machine, apparatus or article, or using a process, to show that the act accords with the conditions in section 47. It is not limited to drugs.

  1. AThe plea is a valid ground of defence in a suit for infringement by making or using a machine, apparatus or articleCorrect
  2. BThe plea is available only in suits concerning medicines or drugs
  3. CThe plea is available only if the patent is first revoked
  4. DThe plea can be raised only by an exclusive licensee

Explanation

Section 107(2) makes it a defence in suits for infringement by making, using or importing any machine, apparatus or other article, or using a process, or importing, using or distributing medicine or drug, that the act accords with section 47 conditions. It is not limited to drugs.

Did you get it right without looking?

One question tells you little. A timed set on Patent Documentation, Examination and Infringement shows your real accuracy, how long you take and where you lose marks.

Practise Patent Documentation, Examination and InfringementFree diagnostic mock

More Patent Documentation, Examination and Infringement questions