Jurisdiction No suit for a declaration under section 105 or for any relief under section106 or for infringement of a patent shall be instituted in any court inferior to a districtcourt having jurisdiction to try the suit:Provided that where a counter-claim for revocation of the patent is made by thedefendant, the suit, along with the […]

Reference to High Court of disputes as to use for purposes of Government (1) Anydispute as to the exercise by the Central Government or a person authorised by it of thepowers conferred by section 100, or as to terms for the use of an invention for thepurposes of Government thereunder or as to the right

Acquisition of inventions and patents by the Central Government (1) The CentralGovernment may, if satisfied that it is necessary that an invention which is the subject ofan application for a patent or a patent should be acquired from the applicant or thepatentee for a public purpose, publish a notification to that effect in the Official

Rights of third parties in respect of use of invention for purposes of Government —(1) Inrelation to any use of a patented invention, or an invention in respect of which anapplication for a patent is pending, made for the purposes of Government—(a) by the Central Government or any person authorised by the Central Governmentunder section

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 apatent has been filed at the patent office or a patent has been granted, the CentralGovernment and any person authorised in writing by it, may use the invention for thepurposes of

Meaning of use of invention for purposes of Government 1) For the purposes of thisChapter, 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 aGovernment undertaking.(2) [Omitted by the Patents (Amendment) Act, 2002](3) Nothing

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Termination of compulsory licence —(1) On an application made by the patentee or anyother person deriving title or interest in the patent, a compulsory licence granted undersection 84 may be terminated by the controller, if and when the circumstances that gaverise to the grant thereof no longer exist and such circumstances are unlikely to recur:Provided

Order for licence to operate as a deed between parties concerned —Any order for the grantof a licence under this Chapter shall operate as if it were a deed granting a licenceexecuted by the patentee and all other necessary parties embodying the terms andconditions, if any, settled by the Controller. Practice area’s of B K

Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances —(1) Compulsory licence shall be available for manufacture and export ofpatented pharmaceutical products to any country having insufficient or no manufacturingcapacity in the pharmaceutical sector for the concerned product to address public healthproblems, provided compulsory licence has been granted by such country or