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TypeBare Act JurisdictionCentral Government

Patents Act, 1970 Section 49

Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—

~1 min read
https://sooperkanoon.com/act/462297

Bare act section · Research

About this section

Patents Act, 1970 Section 49 is part of Patents Act, 1970 - Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

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 Section 1 - courts

Frequently asked questions

What does Patents Act, 1970 Section 49 provide?

Section Section 49 of the Patents Act, 1970 (Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—) is reproduced on this page as part of the Patents Act, 1970. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Patents Act, 1970 Section 49?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Patents Act, 1970 Section 49. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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