Government use and acquisition of inventions
The state's standing rights over patented inventions.
The Central Government, and anyone authorised by it, may use a patented invention for the purposes of Government. This is not infringement; it is a statutory right with a compensation mechanism.
Where the invention was recorded or tried by the Government before the priority date, independently of the patentee, the use can be royalty-free.
In addition, the Government may acquire an invention or a patent outright if it is satisfied that it is necessary in the public interest.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 4Inventions relating to atomic energy not patentable
- 24DSpecial provision for selling or distribution
- 24FCentral Government and its officers not to be liable
- 30Anticipation by previous communication to Government
- 37Consequences of secrecy directions
- 42Savings respecting disclosure to Government
- 47Grant of patents to be subject to certain conditions
- 65Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
- 66Revocation of patent in public interest
- 92Special provision for compulsory licences on notifications by Central Government
- 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- 99Meaning of use of invention for purposes of Government
- 100Power of Central Government to use inventions for purposes of Government
- 101Rights of third parties in respect of use of invention for purposes of Government
- 102Acquisition of inventions and patents by the Central Government
- 103Reference to High Court of disputes as to use for purposes of Government
- 122Refusal or failure to supply information
- 156Patent to bind Government
- 157Right of Government to sell or use forfeited articles
- 157AProtection of security of India
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