Chapters & Sections
CHAPTER 23
Section 140
Section 141
Section 142
Section 143
Section 144
Section 145
Section 146
Section 147
Section 148
Section 149
Section 150
Section 151
Section 152
Section 153
Section 154
Section 155
Section 156
Section 157
Section 157A
Section 158
Section 159
Section 160
Section 161
Section 162
Section 163
CHAPTER 16 Home
WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
SECTION 83.
GENERAL PRINCIPLES APPLICABLE TO WORKING OF PATENTED INVENTIONS
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;—
- 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;
- that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article;
- 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;
- 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;
- that patents granted do not in any way prohibit Central Government in taking measures to protect public health;
- 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
- that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public.