Question: Under Section 70, what shall any equities in respect of the patent be?

Answer: enforced in like manner as in respect of any other movable property


Section 71: Rectification of register by 1High Court

Context:
(1) The 1High Court may, on the application of any person aggrieved—
(a) by the absence or omission from the register of any entry; or
(b) by any entry made in the register without sufficient cause; or
(c) by any entry wrongly remaining on the register; or

Question: What is stated in subsection (1) of Section 71?

Answer: The 1High Court may, on the application of any person aggrieved—


Question: What is laid down in clause (a) of Section 71?

Answer: by the absence or omission from the register of any entry; or


Question: What does clause (b) of Section 71 state?

Answer: by any entry made in the register without sufficient cause; or


Question: According to clause (c) of Section 71, what is provided?

Answer: by any entry wrongly remaining on the register; or


Context:
(d) by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit.
(2) In any proceeding under this section the 1High Court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.
(3) Notice of any application to the 1High Court under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2High Court.
(4) Any order of the 1High Court under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.

Question: What is laid down in clause (d) of Section 71?

Answer: by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit


Question: What does subsection (2) of Section 71 provide?

Answer: In any proceeding under this section the 1High Court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register


Question: In Section 71, what is in any proceeding under this section the 1high court may decide any question that to be?

Answer: necessary or expedient to decide in connection with the rectification of the register


Question: According to subsection (3) of Section 71, what is provided?

Answer: Notice of any application to the 1High Court under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2High Court


Question: Under Section 71, what shall notice of any application to the 1high court under this section be?

Answer: given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2High Court


Question: What is stated in subsection (4) of Section 71?

Answer: Any order of the 1High Court under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly


Question: According to Section 71, what shall any order of the 1high court under this section rectifying the register shall direct that notice of the rectification be?

Answer: served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly


Section 72: Register to be open for inspection

Context:
(1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.
(2) The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein.
(3) If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection. PATENT OFFICE AND ITS ESTABLISHMENT

Question: What does subsection (1) of Section 72 provide?

Answer: Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee


Question: In Section 72, what is subject to the provisions contained in this act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register to be?

Answer: given to any person requiring them on payment of the prescribed fee


Question: According to subsection (2) of Section 72, what is provided?

Answer: The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein


Question: Under Section 72, what shall the register be?

Answer: prima facie evidence of any matters required or authorised by or under this Act to be entered therein


Question: What is stated in subsection (3) of Section 72?

Answer: If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection. PATENT OFFICE AND ITS ESTABLISHMENT


Question: According to Section 72, what shall if the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) be?

Answer: deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection


Section 74: Patent office and its branches

Context:
(1) For the purposes of this Act, there shall be an office which shall be known as the patent office.
(2) The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office.
(3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office.
(4) There shall be a seal of the patent office.

Question: According to subsection (1) of Section 74, what is provided?

Answer: For the purposes of this Act, there shall be an office which shall be known as the patent office


Question: Under Section 74, what shall for the purposes of this act, there be?

Answer: an office which shall be known as the patent office


Question: What is stated in subsection (2) of Section 74?

Answer: The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office


Question: According to subsection (3) of Section 74, what is provided?

Answer: The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office


Question: Under Section 74, what shall the head office of the patent office be?

Answer: at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office


Question: What is stated in subsection (4) of Section 74?

Answer: There shall be a seal of the patent office


Question: According to Section 74, what shall there be?

Answer: a seal of the patent office


Section 75: Restriction on employees of patent office as to right or interest in patents

Context: All officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.

Question: What does Section 75 provide?

Answer: All officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office


Question: What does subsection (1) of Section 75 provide?

Answer: All officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office


Question: In Section 75, what is all officers and employees of the patents office to be?

Answer: incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office


Section 76: Officers and employees not to furnish information, etc

Context:
An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 2Central Government or the Controller or by order of a court,—
(a) furnish information on a matter which is being, or has been, or dealt with under this Act ; or
(b) prepare or assist in the preparation of a document required or permitted by or under this Act to be lodged in the patent office; or
(c) conduct a search in the records of the patent office. POWERS OF CONTROLLER GENERALLY

Question: According to subsection (1) of Section 76, what is provided?

Answer: An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 2Central Government or the Controller or by order of a court,—


Question: What does clause (a) of Section 76 state?

Answer: furnish information on a matter which is being, or has been, or dealt with under this Act ; or


Question: According to clause (b) of Section 76, what is provided?

Answer: prepare or assist in the preparation of a document required or permitted by or under this Act to be lodged in the patent office; or


Question: What is laid down in clause (c) of Section 76?

Answer: conduct a search in the records of the patent office. POWERS OF CONTROLLER GENERALLY


Section 78: Power of Controller to correct clerical errors, etc

Context:
(1) Without prejudice to the provisions contained in sections 5 and 5 as regards amendment of applications for patents or complete specifications 1or other documents relating thereto and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register.
(2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request.
(3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction.

Question: What does subsection (1) of Section 78 provide?

Answer: Without prejudice to the provisions contained in sections 5 and 5 as regards amendment of applications for patents or complete specifications 1or other documents relating thereto and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register


Question: What is stated in subsection (2) of Section 78?

Answer: A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request


Question: According to Section 78, what shall a correction be?

Answer: made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request


Question: What does subsection (3) of Section 78 provide?

Answer: Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction


Context:
(4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be 2published in the prescribed manner.
(5) Within the prescribed time after any 3such publication as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

Question: What is stated in subsection (4) of Section 78?

Answer: Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be 2published in the prescribed manner


Question: According to subsection (5) of Section 78, what is provided?

Answer: Within the prescribed time after any 3such publication as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case


Section 79: Evidence how to be given and powers of Controller in respect thereof

Context: Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit.

Question: What does Section 79 provide?

Answer: Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit


Question: What does subsection (1) of Section 79 provide?

Answer: Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit


Question: In Section 79, what is subject to any rules made in this behalf, in any proceeding under this act before the controller, evidence to be?

Answer: given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit


Section 80: Exercise of discretionary powers by Controller

Context:
Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act:
Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.

Question: According to subsection (1) of Section 80, what is provided?

Answer: Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act:


Question: What does the proviso in Section 80 say?

Answer: Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding


Section 81: Disposal by Controller of applications for extension of time

Context: Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension. WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

Question: What does Section 81 provide?

Answer: Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension. WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION


Question: What is stated in subsection (1) of Section 81?

Answer: Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension. WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION


Question: According to Section 81, what shall where under the provisions of this act or the rules made thereunder the controller may extend the time for doing any act, nothing in this act be?

Answer: deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension


Section 82: Definition of "patented articles" and "patentee"

Context:
In this Chapter, unless the context otherwise requires,—
(a) "patented article" includes any article made by a patented process; and
(b) "patentee" includes an exclusive licensee.

Question: What does subsection (1) of Section 82 provide?

Answer: In this Chapter, unless the context otherwise requires,—


Question: According to clause (a) of Section 82, what is provided?

Answer: "patented article" includes any article made by a patented process; and


Question: According to Section 82, what does "patented article" include?

Answer: any article made by a patented process


Question: Under Section 82, what shall "patented article" be?

Answer: any article made by a patented process


Question: According to clause (b) of Section 82, what is provided?

Answer: "patentee" includes an exclusive licensee


Question: According to Section 82, what does "patentee" include?

Answer: an exclusive licensee


Question: Under Section 82, what shall "patentee" be?

Answer: an exclusive licensee


Section 83: General principles applicable to working of patented inventions

Context:
Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely:—
(a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay;
(b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article;
(c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations;

Question: What is stated in subsection (1) of Section 83?

Answer: Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely:—


Question: According to Section 83, what shall without prejudice to the other provisions contained in this act, in exercising the powers conferred by this chapter, regard be?

Answer: had to the following general considerations, namely:—


Question: What does clause (a) of Section 83 state?

Answer: that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay


Question: According to clause (b) of Section 83, what is provided?

Answer: that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article


Question: What is laid down in clause (c) of Section 83?

Answer: that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations


Context:
(d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India;
(e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health;
(f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and
(g) that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public.

Question: What does clause (d) of Section 83 state?

Answer: that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India


Question: According to clause (e) of Section 83, what is provided?

Answer: that patents granted do not in any way prohibit Central Government in taking measures to protect public health


Question: What is laid down in clause (f) of Section 83?

Answer: that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and


Question: What does clause (g) of Section 83 state?

Answer: that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public


Section 84: Compulsory licences

Context:
(1) At any time after the expiration of three years from the date of the 1grant of patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:—
(a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or
(b) that the patented invention is not available to the public at a reasonably affordable price, or
(c) that the patented invention is not worked in the territory of India.

Question: What is stated in subsection (1) of Section 84?

Answer: At any time after the expiration of three years from the date of the 1grant of patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:—


Section 84: Compulsory licences

Question: What is laid down in clause (a) of Section 84?

Answer: that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or


Section 84: Compulsory licences

Question: What does clause (b) of Section 84 state?

Answer: that the patented invention is not available to the public at a reasonably affordable price, or


Section 84: Compulsory licences

Question: According to clause (c) of Section 84, what is provided?

Answer: that the patented invention is not worked in the territory of India


Section 84: Compulsory licences

Context:
(2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence.
(3) Every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based.
(4) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit.
(5) Where the Controller directs the patentee to grant a licence he may, as incidental thereto, exercise the powers set out in section 88.

Question: According to subsection (2) of Section 84, what is provided?

Answer: An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence


Section 84: Compulsory licences

Question: Under Section 84, by whom may an application under this section be made?

Answer: any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence


Section 84: Compulsory licences

Question: What is stated in subsection (3) of Section 84?

Answer: Every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based


Section 84: Compulsory licences

Question: According to Section 84, what shall every application under sub-section (1) contain?

Answer: a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based


Section 84: Compulsory licences

Question: What does subsection (4) of Section 84 provide?

Answer: The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit


Section 84: Compulsory licences

Question: What is stated in subsection (5) of Section 84?

Answer: Where the Controller directs the patentee to grant a licence he may, as incidental thereto, exercise the powers set out in section 88


Section 84: Compulsory licences

Context:
(6) In considering the application filed under this section, the Controller shall take into account,—
(i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention;
(ii) the ability of the applicant to work the invention to the public advantage;
(iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted;

Question: According to subsection (6) of Section 84, what is provided?

Answer: In considering the application filed under this section, the Controller shall take into account,—


Section 84: Compulsory licences

Question: What does clause (i) of Section 84 state?

Answer: the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention


Section 84: Compulsory licences

Question: According to clause (ii) of Section 84, what is provided?

Answer: the ability of the applicant to work the invention to the public advantage


Section 84: Compulsory licences

Question: What is laid down in clause (iii) of Section 84?

Answer: the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted


Section 84: Compulsory licences

Context:
(iv) as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit:
Provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti-competitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the application.
Explanation.—For the purposes of clause (iv), "reasonable period" shall be construed as a period not ordinarily exceeding a period of six months.
(7) For the purposes of this Chapter, the reasonable requirements of the public shall be deemed not to have been satisfied—

Question: What does clause (iv) of Section 84 state?

Answer: as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit:


Section 84: Compulsory licences

Question: According to the proviso in Section 84, what is provided?

Answer: Provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non-commercial use or on establishment of a ground of anti-competitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the application


Section 84: Compulsory licences

Question: What is explained in Section 84?

Answer: Explanation.—For the purposes of clause (iv), "reasonable period" shall be construed as a period not ordinarily exceeding a period of six months


Section 84: Compulsory licences

Question: Under Section 84, what shall —for the purposes of clause (iv), "reasonable period" be?

Answer: construed as a period not ordinarily exceeding a period of six months


Section 84: Compulsory licences

Question: What is stated in subsection (7) of Section 84?

Answer: For the purposes of this Chapter, the reasonable requirements of the public shall be deemed not to have been satisfied—


Section 84: Compulsory licences

Question: According to Section 84, what shall for the purposes of this chapter, the reasonable requirements of the public be?

Answer: deemed not to have been satisfied—


Section 84: Compulsory licences

Context:
(a) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms,—
(i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any person or class of persons trading or manufacturing in India is prejudiced; or
(ii) the demand for the patented article has not been met to an adequate extent or on reasonable terms; or
(iii) a market for export of the patented article manufactured in India is not being supplied or developed; or

Question: What does clause (a) of Section 84 state?

Answer: if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms,—


Section 84: Compulsory licences

Question: According to clause (i) of Section 84, what is provided?

Answer: an existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any person or class of persons trading or manufacturing in India is prejudiced; or


Section 84: Compulsory licences

Question: What is laid down in clause (ii) of Section 84?

Answer: the demand for the patented article has not been met to an adequate extent or on reasonable terms; or


Section 84: Compulsory licences

Question: What does clause (iii) of Section 84 state?

Answer: a market for export of the patented article manufactured in India is not being supplied or developed; or


Section 84: Compulsory licences

Context:
(iv) the establishment or development of commercial activities in India is prejudiced; or
(b) if, by reason of conditions imposed by the patentee upon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in India, is prejudiced; or
(c) if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or
(d) if the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or

Question: According to clause (iv) of Section 84, what is provided?

Answer: the establishment or development of commercial activities in India is prejudiced; or


Section 84: Compulsory licences

Question: What is laid down in clause (b) of Section 84?

Answer: if, by reason of conditions imposed by the patentee upon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in India, is prejudiced; or


Section 84: Compulsory licences

Question: What does clause (c) of Section 84 state?

Answer: if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or


Section 84: Compulsory licences

Question: According to clause (d) of Section 84, what is provided?

Answer: if the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or


Section 84: Compulsory licences

Context:
(e) if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by—
(i) the patentee or persons claiming under him; or
(ii) persons directly or indirectly purchasing from him; or 1. The Explanation ins. by Act 1 of 2005, s. 52 (w.e.f. 1-1-2005).
(iii) other persons against whom the patentee is not taking or has not taken proceedings for infringement.

Question: What is laid down in clause (e) of Section 84?

Answer: if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by—


Section 84: Compulsory licences

Question: What does clause (i) of Section 84 state?

Answer: the patentee or persons claiming under him; or


Section 84: Compulsory licences

Question: According to clause (ii) of Section 84, what is provided?

Answer: persons directly or indirectly purchasing from him; or 1. The Explanation ins. by Act 1 of 2005, s. 52 (w.e.f. 1-1-2005)


Section 84: Compulsory licences

Question: What is laid down in clause (iii) of Section 84?

Answer: other persons against whom the patentee is not taking or has not taken proceedings for infringement


Section 85: Revocation of patents by the Controller for non-working

Context:
(1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price.
(2) Every application under sub-section (1) shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant's interest.
(3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention have not been worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent.

Question: What does subsection (1) of Section 85 provide?

Answer: Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price


Question: What is stated in subsection (2) of Section 85?

Answer: Every application under sub-section (1) shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant's interest


Question: According to Section 85, what shall every application under sub-section (1) contain?

Answer: such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant's interest


Question: What does subsection (3) of Section 85 provide?

Answer: The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention have not been worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent


Context: (4) Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.—(1) Where an application under section 8 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 8 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked:

Question: What is stated in subsection (4) of Section 85?

Answer: Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.—(1) Where an application under section 8 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 8 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked:


Context:
Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for the working of the invention in the territory of India or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires.
(2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of India on a commercial scale and to an adequate extent.

Question: What is stated in the proviso to Section 85?

Answer: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for the working of the invention in the territory of India or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires


Question: Under Section 85, what shall in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any state or central act or any rule or regulation made thereunder or any order of the government imposed otherwise than by way of a condition for the working of the invention in the territory of india or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section be?

Answer: reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires


Question: What is stated in subsection (2) of Section 85?

Answer: No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of India on a commercial scale and to an adequate extent


Question: According to Section 85, what shall no adjournment under sub-section (1) be?

Answer: ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of India on a commercial scale and to an adequate extent


Section 88: Powers of Controller in granting compulsory licences

Context:
(1) Where the Controller is satisfied on an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant.
(2) Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended.

Question: What does subsection (1) of Section 88 provide?

Answer: Where the Controller is satisfied on an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant


Question: What is stated in subsection (2) of Section 88?

Answer: Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended


Context:
(3) Where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to some only of the said patents, then, if the Controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing the other patents held by the patentee and if those patents involve important technical advancement or considerable economic significance in relation to the other patents, he may, by order, direct the grant of a licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84.
(4) Where the terms and conditions of a licence have been settled by the Controller, the licensee may, at any time after he has worked the invention on a commercial scale for a period of not less than twelve months, make an application to the Controller for the revision of the terms and conditions on the ground that the terms and conditions settled have proved to be more onerous than originally expected and that in consequence thereof the licensee is unable to work the invention except at a loss:
Provided that no such application shall be entertained a second time.

Question: According to subsection (3) of Section 88, what is provided?

Answer: Where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to some only of the said patents, then, if the Controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing the other patents held by the patentee and if those patents involve important technical advancement or considerable economic significance in relation to the other patents, he may, by order, direct the grant of a licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84


Question: What does subsection (4) of Section 88 provide?

Answer: Where the terms and conditions of a licence have been settled by the Controller, the licensee may, at any time after he has worked the invention on a commercial scale for a period of not less than twelve months, make an application to the Controller for the revision of the terms and conditions on the ground that the terms and conditions settled have proved to be more onerous than originally expected and that in consequence thereof the licensee is unable to work the invention except at a loss:


Question: According to the proviso in Section 88, what is provided?

Answer: Provided that no such application shall be entertained a second time


Question: According to Section 88, what shall no such application be?

Answer: entertained a second time


Section 89: General purposes for granting compulsory licences

Context:
The powers of the Controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say,—
(a) that patented inventions are worked on a commercial scale in the territory of India without undue delay and to the fullest extent that is reasonably practicable;
(b) that the interests of any person for the time being working or developing an invention in the territory of India under the protection of a patent are not unfairly prejudiced.

Question: What does subsection (1) of Section 89 provide?

Answer: The powers of the Controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say,—


Question: In Section 89, what is the powers of the controller upon an application made under section 84 to be?

Answer: exercised with a view to securing the following general purposes, that is to say,—


Question: What is laid down in clause (a) of Section 89?

Answer: that patented inventions are worked on a commercial scale in the territory of India without undue delay and to the fullest extent that is reasonably practicable


Question: What does clause (b) of Section 89 state?

Answer: that the interests of any person for the time being working or developing an invention in the territory of India under the protection of a patent are not unfairly prejudiced


Section 90: Terms and conditions of compulsory licences

Context:
(1) In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure—
(i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors;
(ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him;
(iii) that the patented articles are made available to the public at reasonably affordable prices;

Question: What is stated in subsection (1) of Section 90?

Answer: In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure—


Question: What is laid down in clause (i) of Section 90?

Answer: that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors


Question: What does clause (ii) of Section 90 state?

Answer: that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him


Question: According to clause (iii) of Section 90, what is provided?

Answer: that the patented articles are made available to the public at reasonably affordable prices


Context:
(iv) that the licence granted is a non-exclusive licence;
(v) that the right of the licensee is non-assignable;
(vi) that the licence is for the balance term of the patent unless a shorter term is consistent with public interest;
(vii) that the licence is granted with a predominant purpose of supply in the Indian market and that the licensee may also export the patented product, if need be in accordance with the provisions of sub-clause (iii) of clause (a) of sub-section (7) of section 84;

Question: What is laid down in clause (iv) of Section 90?

Answer: that the licence granted is a non-exclusive licence


Question: What does clause (v) of Section 90 state?

Answer: that the right of the licensee is non-assignable


Question: According to clause (vi) of Section 90, what is provided?

Answer: that the licence is for the balance term of the patent unless a shorter term is consistent with public interest


Question: What is laid down in clause (vii) of Section 90?

Answer: that the licence is granted with a predominant purpose of supply in the Indian market and that the licensee may also export the patented product, if need be in accordance with the provisions of sub-clause (iii) of clause (a) of sub-section (7) of section 84


Context:
(viii) that in the case of semi-conductor technology, the licence granted is to work the invention for public non-commercial use;
(ix) that in case the licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the licensee shall be permitted to export the patented product, if need be.
(2) No licence granted by the Controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee.
(3) Notwithstanding anything contained in sub-section (2), the Central Government may, if in its opinion it is necessary so to do, in the public interest, direct the Controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of the imported article and the period of importation), and thereupon the Controller shall give effect to the directions.

Question: What does clause (viii) of Section 90 state?

Answer: that in the case of semi-conductor technology, the licence granted is to work the invention for public non-commercial use


Question: According to clause (ix) of Section 90, what is provided?

Answer: that in case the licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the licensee shall be permitted to export the patented product, if need be


Question: According to Section 90, what shall in case the licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the licensee be?

Answer: permitted to export the patented product, if need be


Question: What does subsection (2) of Section 90 provide?

Answer: No licence granted by the Controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee


Question: What is stated in subsection (3) of Section 90?

Answer: Notwithstanding anything contained in sub-section (2), the Central Government may, if in its opinion it is necessary so to do, in the public interest, direct the Controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of the imported article and the period of importation), and thereupon the Controller shall give effect to the directions


Section 92: Special provision for compulsory licences on notifications by Central Government

Context:
(1) If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon the following provisions shall have effect, that is to say,—
(i) the Controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit;
(ii) in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights.
(2) The provisions of sections 83, 87, 88, 8 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84.

Question: According to subsection (1) of Section 92, what is provided?

Answer: If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon the following provisions shall have effect, that is to say,—


Question: What does clause (i) of Section 92 state?

Answer: the Controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit


Question: According to clause (ii) of Section 92, what is provided?

Answer: in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights


Question: According to Section 92, what shall in settling the terms and conditions of a licence granted under this section, the controller shall endeavour to secure that the articles manufactured under the patent be?

Answer: available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights


Question: What does subsection (2) of Section 92 provide?

Answer: The provisions of sections 83, 87, 88, 8 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84


Context:
(3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in—
(i) a circumstance of national emergency; or
(ii) a circumstance of extreme urgency; or
(iii) a case of public non-commercial use, which may arise or is required, as the case may be, including public health crises, relating to Acquired Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 8 in relation to that application for grant of licence under this section:

Question: What is stated in subsection (3) of Section 92?

Answer: Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in—


Question: What is laid down in clause (i) of Section 92?

Answer: a circumstance of national emergency; or


Question: What does clause (ii) of Section 92 state?

Answer: a circumstance of extreme urgency; or


Question: According to clause (iii) of Section 92, what is provided?

Answer: a case of public non-commercial use, which may arise or is required, as the case may be, including public health crises, relating to Acquired Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 8 in relation to that application for grant of licence under this section:


Context:
Provided that the Controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such non-application of section 87. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.—(1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India.
(2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him.
(3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this Act.

Question: What is stated in the proviso to Section 92?

Answer: Provided that the Controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such non-application of section 87. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.—(1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India


Question: Under Section 92, what shall the controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such non-application of section 87. 92a. compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.—(1) compulsory licence be?

Answer: available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India


Question: What is stated in subsection (2) of Section 92?

Answer: The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him


Question: According to Section 92, what shall the controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as be?

Answer: specified and published by him


Question: What does subsection (3) of Section 92 provide?

Answer: The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this Act


Question: In Section 92, what is the provisions of sub-sections (1) and (2) to be?

Answer: without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this Act


Context: Explanation.—For the purposes of this section, "pharmaceutical products" means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use.

Question: What does Section 92 provide?

Answer: Explanation.—For the purposes of this section, "pharmaceutical products" means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use


Question: What is explained in Section 92?

Answer: Explanation.—For the purposes of this section, "pharmaceutical products" means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use


Question: Under Section 92, what shall —for the purposes of this section, "pharmaceutical products" be?

Answer: any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use


Section 93: Order for licence to operate as a deed between parties concerned

Context: Any order for the grant of a licence under this Chapter shall operate as if it were a deed granting a licence executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Controller.

Question: What does Section 93 provide?

Answer: Any order for the grant of a licence under this Chapter shall operate as if it were a deed granting a licence executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Controller


Question: What is stated in subsection (1) of Section 93?

Answer: Any order for the grant of a licence under this Chapter shall operate as if it were a deed granting a licence executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Controller


Section 94: Termination of compulsory licence

Context:
(1) On an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur:
Provided that the holder of the compulsory licence shall have the right to object to such termination.
(2) While considering an application under sub-section (1), the Controller shall take into account that the interest of the person who had previously been granted the licence is not unduly prejudiced.

Question: According to subsection (1) of Section 94, what is provided?

Answer: On an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur:


Question: Under Section 94, what shall on an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 be?

Answer: terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur:


Question: According to the proviso in Section 94, what is provided?

Answer: Provided that the holder of the compulsory licence shall have the right to object to such termination


Question: According to subsection (2) of Section 94, what is provided?

Answer: While considering an application under sub-section (1), the Controller shall take into account that the interest of the person who had previously been granted the licence is not unduly prejudiced


Section 99: Meaning of use of invention for purposes of Government

Context:
(1) For the purposes of this Chapter, an invention is said to be used for the purposes of Government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking.
(3) Nothing contained in this Chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section 47. 100. Power of Central Government to use inventions for purposes of Government.—(1) Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter.

Question: What does subsection (1) of Section 99 provide?

Answer: For the purposes of this Chapter, an invention is said to be used for the purposes of Government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking


Question: What is stated in subsection (3) of Section 99?

Answer: Nothing contained in this Chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section 47. 100. Power of Central Government to use inventions for purposes of Government.—(1) Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter


Question: According to Section 99, by whom may nothing contained in this chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as be made?

Answer: virtue of one or more of the conditions specified in section 47


Context:
(2) Where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a Government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing by it for the purposes of Government may be made free of any royalty or other remuneration to the patentee.
(3) If and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the Central Government or any person authorised by it under sub-section (1), at any time after 2grant of the patent or in consequence of any such communication as aforesaid, shall be made upon terms as may be agreed upon either before or after the use, between the Central Government or any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the High Court on a reference under section 103:
Provided that in case of any such use of any patent, the patentee shall be paid not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent.

Question: What does subsection (2) of Section 99 provide?

Answer: Where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a Government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing by it for the purposes of Government may be made free of any royalty or other remuneration to the patentee


Question: In Section 99, what is where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the central government or any person authorised in writing by it for the purposes of government to be?

Answer: made free of any royalty or other remuneration to the patentee


Question: According to subsection (3) of Section 99, what is provided?

Answer: If and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the Central Government or any person authorised by it under sub-section (1), at any time after 2grant of the patent or in consequence of any such communication as aforesaid, shall be made upon terms as may be agreed upon either before or after the use, between the Central Government or any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the High Court on a reference under section 103:


Question: Under Section 99, what shall if and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the central government or any person authorised by it under sub-section (1), at any time after 2grant of the patent or in consequence of any such communication as aforesaid be?

Answer: made upon terms as may be agreed upon either before or after the use, between the Central Government or any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the High Court on a reference under section 103:


Question: According to the proviso in Section 99, what is provided?

Answer: Provided that in case of any such use of any patent, the patentee shall be paid not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent


Question: According to Section 99, what shall in case of any such use of any patent, the patentee be?

Answer: paid not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent


Context:
(4) The authorisation by the Central Government in respect of an invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent.
(5) Where an invention has been used by or with the authority of the Central Government for the purposes of Government under this section, then, 4except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require; and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking.

Question: What does subsection (4) of Section 99 provide?

Answer: The authorisation by the Central Government in respect of an invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent


Question: In Section 99, what is the authorisation by the central government in respect of an invention to be?

Answer: given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent


Question: According to subsection (5) of Section 99, what is provided?

Answer: Where an invention has been used by or with the authority of the Central Government for the purposes of Government under this section, then, 4except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require; and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking


Question: Under Section 99, what shall where an invention has been used by or with the authority of the central government for the purposes of government under this section, then, 4except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require; and where the invention has been used for the purposes of a government undertaking, the central government may call for such information as be?

Answer: necessary for this purpose from such undertaking


Context:
(6) The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the 1right to sell, on non-commercial basis, the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention.
(7) Where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee.

Question: What is stated in subsection (6) of Section 99?

Answer: The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the 1right to sell, on non-commercial basis, the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention


Question: According to Section 99, what shall the right to make, use, exercise and vend an invention for the purposes of government under sub-section (1) contain?

Answer: the 1right to sell, on non-commercial basis, the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention


Question: What does subsection (7) of Section 99 provide?

Answer: Where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee


Question: In Section 99, what is where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in sub-section (3) to be?

Answer: deemed to include a reference to such assignor or exclusive licensee


Section 101: Rights of third parties in respect of use of invention for purposes of Government

Context:
(1) In relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of Government—
(a) by the Central Government or any person authorised by the Central Government under section 100; or
(b) by the patentee or applicant for the patent to the order made by the Central Government, the provisions of any licence, assignment or agreement granted or made, between the patentee or applicant for the patent (or any person who derives title from him or from whom he derives title) and any person other than the Central Government shall be of no effect so far as those provisions—
(i) restrict or regulate the use for the purposes of Government of the invention, or of any model, document or information relating thereto, or

Question: According to subsection (1) of Section 101, what is provided?

Answer: In relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of Government—


Question: What does clause (a) of Section 101 state?

Answer: by the Central Government or any person authorised by the Central Government under section 100; or


Question: According to clause (b) of Section 101, what is provided?

Answer: by the patentee or applicant for the patent to the order made by the Central Government, the provisions of any licence, assignment or agreement granted or made, between the patentee or applicant for the patent (or any person who derives title from him or from whom he derives title) and any person other than the Central Government shall be of no effect so far as those provisions—


Question: According to Section 101, what shall by the patentee or applicant for the patent to the order made by the central government, the provisions of any licence, assignment or agreement granted or made, between the patentee or applicant for the patent (or any person who derives title from him or from whom he derives title) and any person other than the central government be?

Answer: of no effect so far as those provisions—


Question: What does clause (i) of Section 101 state?

Answer: restrict or regulate the use for the purposes of Government of the invention, or of any model, document or information relating thereto, or


Context:
(ii) provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of Government , and the reproduction or publication of any model or document in connection with the said use for the purposes of Government shall not be deemed to be an infringement of any copyright subsisting in the model or document.
(2) Where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention , then, in relation to any use of the invention made for the purposes of Government by the patentee to the order of the Central Government, sub-section (3) of section 100 shall have effect as if that use were made by the virtue of an authority given under that section; and any rise of the invention for the purposes of Government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103.

Question: According to clause (ii) of Section 101, what is provided?

Answer: provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of Government , and the reproduction or publication of any model or document in connection with the said use for the purposes of Government shall not be deemed to be an infringement of any copyright subsisting in the model or document


Question: According to subsection (2) of Section 101, what is provided?

Answer: Where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention , then, in relation to any use of the invention made for the purposes of Government by the patentee to the order of the Central Government, sub-section (3) of section 100 shall have effect as if that use were made by the virtue of an authority given under that section; and any rise of the invention for the purposes of Government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103


Question: Under Section 101, what shall where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention , then, in relation to any use of the invention made for the purposes of government by the patentee to the order of the central government, sub-section (3) of section 100 shall have effect as if that use were made by the virtue of an authority given under that section; and any rise of the invention for the purposes of government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section be?

Answer: divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103


Context:
(3) Where by virtue of sub-section (3) of section 100, payments are required to be made by the Central Government or persons authorised under sub-section (2) of that section in respect of the use of an invention for the purposes of Government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of Government, such sum shall be shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 1 to be just, having regard to any expenditure incurred by the licensee—
(a) in developing the said invention; or
(b) in making payments to the patentees other than royalties or other benefits determined by reference to the use of the invention in consideration of the licence.

Question: What is stated in subsection (3) of Section 101?

Answer: Where by virtue of sub-section (3) of section 100, payments are required to be made by the Central Government or persons authorised under sub-section (2) of that section in respect of the use of an invention for the purposes of Government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of Government, such sum shall be shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 1 to be just, having regard to any expenditure incurred by the licensee—


Question: According to Section 101, what shall where by virtue of sub-section (3) of section 100, payments are required to be made by the central government or persons authorised under sub-section (2) of that section in respect of the use of an invention for the purposes of government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of government, such sum be?

Answer: shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 1 to be just, having regard to any expenditure incurred by the licensee—


Question: What does clause (a) of Section 101 state?

Answer: in developing the said invention; or


Question: According to clause (b) of Section 101, what is provided?

Answer: in making payments to the patentees other than royalties or other benefits determined by reference to the use of the invention in consideration of the licence


Section 102: Acquisition of inventions and patents by the Central Government

Context:
(1) The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government.
(2) Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent.

Question: According to subsection (1) of Section 102, what is provided?

Answer: The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government


Question: What does subsection (2) of Section 102 provide?

Answer: Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent


Question: In Section 102, what is notice of the acquisition to be?

Answer: given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent