Category: Powers of Central Government

Section 94 – Termination of Compulsory License

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…

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Section 99 – Meaning of Use of Invention for Purposes of Government.

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…

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Section 100 – Power of Central Government to use Inventions for Purposes of Government.

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…

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Section 101: Rights of Third Parties in respect of use of Invention for purposes of the Government.

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…

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Section 102: Acquisition of Inventions and Patents by the Central Government.

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…

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