Section 83 – General Principles Applicable to Working of Patented Inventions

General Considerations are

  • patents are granted to encourage inventions and to provide security to the inventions that they are worked in India on a Commercial Scale to the fullest without delay;
  • patents are not granted merely to enable monopolies to enjoy the importation of patented articles;
  • Protection and enforcement of rights are to promote technological innovations and transfer of technology with mutual advantage of producers and users of the knowledge while it conducts the social and economic welfare by balancing the rights and obligations;
  • patents granted does not prevent the patentee from contributing to the protection of public health and nutrition. It should act as an instrument to promote public interest in sectors of vital importance for socio-economic and technological development of India;
  • patents granted do not prohibit the Central Government in any way from taking measures to protect the public health;
  • patent right is not abused by the patentee or any person and anyone who got license or assignment of a patent does not entertain / establish activities that unreasonably restrain trade or affect the international transfer of technology;
  • patents are granted to make the invention available and affordable to public.

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