Power of court to make declaration as to non-infringement (1) Notwithstanding anything contained in 34 of the Specific Relief Act,1963 (47 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, […]

Burden of proof in case of suits concerning infringement (1) In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the […]

CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS   Jurisdiction No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: Provided that where a counter-claim for revocation of […]

Reference to High Court of disputes as to use for purposes of Government (1) Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as […]

Acquisition of inventions and patents by the Central Government (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 […]

Rights of third parties in respect of use of invention for purposes of Government (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 […]

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 […]

CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT   Meaning of use of invention for purposes of Government (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 […]

Termination of compulsory licence (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 […]

Order for licence to operate as a deed between parties concerned 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.