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Section 100 Indian Patents Act 1970

22 Sep, 2022 India, Indian Patents Act 1970 0 Comments
OTHER INDIAN LAWS 1. Short title, extent and commencement 2. Definitions and interpretation 3. What are not inventions 4. Inventions relating to atomic energy not patentable. 5. Omitted. 6. Persons entitled to apply for patents 7. Form of application. 8. Information and undertaking regarding foreign applications. 9. Provisional and complete specifications 10. Contents of specifications. 11. Priority dates of claims of a complete specification. 11A. Publication of applications. 11B. Request for examination. 12. Examination of application. 13. Search for anticipation by previous publication and by prior claim. 14. Consideration of the report of examiner by Controller. 15. Power of Controller to refuse or require amended applications, etc., in certain case. 16. Power of Controller to make orders respecting division of application. 17. Power of Controller to make orders respecting dating of application. 18. Powers of Controller in cases of anticipation. 19. Powers of Controller in case of potential infringement. 20. Powers of Controller to make orders regarding substitution of applicants, etc. 21. Time for putting application in order for grant. 22. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the patent. 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent. 27. Omitted. 28. Mention of inventor as such in patent. 29. Anticipation by previous publication. 30. Anticipation by previous communication to Government. 31. Anticipation by public display, etc. 32. Anticipation by public working. 33. Anticipation by use and publication after provisional specification. 34. No anticipation if circumstances are only as described in sections 29,30,31 and 32. 35. Secrecy directions relating to inventions relevant for defence purposes. 36. Secrecy directions to be periodically reviewed. 37. Consequences of secrecy directions. 38. Revocation of secrecy directions and extension of time. 39. Residents not to apply for patents outside India without prior permission. 40. Liability for contravention of section 35 or section 39. 41. Finality of orders of Controller and Central Government. 42. Savings respecting disclosure to Government. 43. Grant of patents. 44. Amendment of patent granted to deceased applicant. 45. Date of patent. 46. Form, extent and effect of patent. 47. Grant of patents to be subject to certain conditions. 48. Rights of patentees. 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India 50. Rights of co-owners of patents. 51. Power of Controller to give directions to co-owners. 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him. 53. Term of patent. 54. Patents of addition. 55. Term of patents of addition. 56. Omitted. 57. Amendment of application and specification or any document related thereto before Controller. 58. Amendment of specification before Appellate Board or High Court. 59. Supplementary provisions as to amendment of application or specification. 60. Applications for restoration of lapsed patents. 61. Procedure for disposal of applications for restoration of lapsed patents 62. Rights of patentees of lapsed patents which have been restored 63. Surrender of patents. 64. Revocation of patents. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. 66. Revocation of patent in public interest. 67. Register of patents and particulars to be entered therein. 68. Assignments, etc., not to be valid unless in writing and duly executed. 69. Registration of assignments, transmissions, etc. 70. Power of registered grantee or proprietor to deal with patent. 71. Rectification of register by Appellate Board. 72. Register to be open for inspection. 73. Controller and other officers. 74. Patent office and its branches. 75. Restriction on employees of patent office as to right or interest in patents. 76. Officers and employees not to furnish information, etc. 77. Controller to have certain powers of a civil court. 78. Power of Controller to correct clerical errors, etc. 79. Evidence how to be given and powers of Controller in respect thereof. 80. Exercise of discretionary powers by Controller. 81. Disposal by Controller of applications for extension of time. 82. Definition of “patented articles” and “patentee”. 83. General principles applicable to working of patented inventions 84.Compulsory licences. 85. Revocation of patents by the Controller for non-working. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases. 87. Procedure for dealing with applications under sections 84 and 85. 88. Powers of Controller in granting compulsory licences. 89. General purposes for granting compulsory licences. 90. Terms and conditions of compulsory licences. 91. Licensing of related patents. 92. Special provision for compulsory licences on notifications by Central Government. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. 93. Order for licence to operate as a deed between parties concerned. 94. Termination of compulsory licence. 95-98. (Omitted). 99. Meaning of use of invention for purposes of Government. 100. Power of Central Government to use inventions for purposes of Government. 101. Rights of third parties in respect of use of invention for purposes of Government. 102. Acquisition of inventions and patents by the Central Government. 103. Reference to High Court of disputes as to use for purposes of Government. 104. Jurisdiction. 104A. Burden of proof in case of suits concerning infringement. 105. Power of court to make declaration as to non-infringement. 106. Power of court to grant relief in cases of groundless threats of infringement proceedings. 107. Defences, etc., in suits for infringement 107A. Certain acts not to be considered as infringement. 108. Reliefs in suit for infringement. 109. Right of exclusive licensee to take proceedings against infringement. 110. Right of licensee under section 84 to take proceedings against infringement. 111. Restriction on power of court to grant damages or account of profits for infringement. 112. Omitted. 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof. 114. Relief for infringement of partially valid specification. 115. Scientific advisers. 116. Appellate Board. 117. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 118. Contravention of secrecy provisions relating to certain inventions. 119. Falsification of entries in register, etc. 120. Unauthorised claim of patent rights. 121. Wrongful use of words “patent office”. 122. Refusal or failure to supply information. 123. Practice by non-registered patent agents. 124. Offences by companies 125. Register of patent agents. 126. Qualifications for registration as patent agents. 127. Rights of patent agents. 128. Subscription and verification of certain documents by patent agents. 129. Restrictions on practice as patent agents. 130. Removal from register of patent agents and restoration. 131. Power of Controller to refuse to deal with certain agents. 132. Savings in respect of other persons authorised to act as agents. 133. Convention countries. 134. Notification as to countries not providing for reciprocity. 135. Convention applications. 136. Special provisions relating to convention application. 137. Multiple priorities. 138. Supplementary provisions as to convention applications. 139. Other provisions of Act to apply to convention applications. 140. Avoidance of certain restrictive conditions. 141. Determination of certain contracts. 142. Fees. 143. Restrictions upon publication of specification. 144. Reports of examiners to be confidential. 145. Publication of official journal. 146. Power of Controller to call for information from patentees. 147. Evidence of entries, documents, etc. 148. Declaration by infant, lunatic etc 149. Service of notices, etc., by post. 150. Security for costs. 151. Transmission of orders of courts to Controller. 152. Omitted. 153. Information relating to patents. 154. Loss or destruction of patents. 155. Reports of Controller to be placed before Parliament. 156. Patent to bind Government. 157. Right of Government to sell or use forfeited articles. 157A. Protection of security of India. 158. Power of High Courts to make rules. 159. Power of Central Government to make rules. 160. Rules to be placed before Parliament. 161. Omitted. 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings. 163. Omitted. 164. Omitted.

Section 100 of the Indian Patents Act 1970

Section 100 of the Indian Patents Act 1970 is about Power of Central Government to use inventions for purposes of Government. It is under CHAPTER XVII of the Act. CHAPTER XVII is titled USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT.

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.

See also  Section 119 Indian Patents Act

(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 1[grant 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.]

(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.

See also  Section 13 Indian Patents Act 1970 (Search for anticipation ... )

(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, 3[except 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.

(6) The right to make, use, exercise and vend an invention for the purposes of Government under subsection (1) shall include the 4[right 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.

See also  Section 107 Indian Patents Act

See also:

Section 99 Indian Patents Act 1970 (Meaning of use of invention for purposes of Government)

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