At Anytime after grant of a Patent, the patentee or the licensee with a right to work on those patented inventions which are improvements or advancements of a first invention, may file an application to the Controller to grant a license for the first invention also, stating the valid reason on how not holding the…
If the Central Government is convinced that a patented invention is most useful in cases of national emergency situation or extreme urgency or for public non-commercial use and compulsory licenses should be granted to work the invention in effect, it may declare the invention to that effect by notification in the official Gazette following and…
Compulsory Licence shall be given for manufacturing and exporting certain pharmaceutical products to any country that has no or less manufacturing capacity to produce and address the public health problem of that country, if the other country has also granted a compulsory license for the patent or has allowed the import of those patented pharmaceutical…
Any order for grant of a license or Compulsory License shall operate and be executed as if it were a deed between two parties [patentee(s) and licensee(s)] under the terms and conditions finally settled.
If the patentee or any person with title or interest in a patent for which a Compulsory License was granted files an application to the Controller that, the purpose for which the Compulsory License was granted was not fulfilled by the licensee and the same shall not recur and if the Controller is convinced with…
An Invention shall be said to be used for the purposes of Government if the Invention or patent is manufactured, used or vended for the purposes of the State or Central Governments or any Government undertakings. No conditions specified under section 47 shall be applicable under the use of an invention or a patent by…
Without any hinderance, at anytime from the date of filing a patent application and after grant of patent; the Government or any person in permission from the Government may use the invention for the purposes of the Government as per the limitations in the act. If any invention even before the date of filing with…
If any invention (patent granted or patent filed) is used by the authorised representative of the Central Government (an officer so designated) or by the patentee or patent applicant itself, for the purposes of the Central Government by order, no licenses or assignments or agreements made by the applicant or patentee with any third parties for…
If the Central Government is convinced that a granted patent or a patent application should be acquired for the purposes of public, then it shall publish a notification in the Official Gazette and from then all rights in respect of the patent or the invention shall be forced and transferred to the Central Government. Such…
Any dispute between the patentee or assignee or licensee and the Central Government or its authorised person in the terms of use of an invention for Government’s Purposes or regarding the payments or the compensation payable for acquisition of an inventions shall be taken to the High Court by either of the Parties as prescribed…