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Author Topic: What is a patent?  (Read 2389 times)

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amit

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What is a patent?
« on: February 10, 2012, 08:09:48 PM »
Broadly speaking a patent is a grant from the Government which confers on the grantee for a limited term, the exclusive privilege of making, selling and using an invention and also authorizing others to do so, in other words it is protection given to a patentee for his invention for a limited term by the Government in  consideration of his disclosing the invention. Accordingly, the grant of a patent gives to the patentee the right to exclude others from making, selling and using the invention throughout India during the term of the patent. The exclusive rights are however . subject to certain conditions stipulated in section 47 of the Act so that Central Government will not be obstructed in the projects and welfare schemes initiated by it in public interest.
 
The said conditions are:
# Any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in . respect of which the patent is granted, may be imported or made :by or on behalf of the Government for the purpose merely of its ,own use.

# Any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use.

# Any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted, may ,be used by any person, for the purpose merely of experiment or research including the imparting of the instructions to pupils.

# In the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution. in any ,dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette. It means that such. use of patented inventions as specified in the aforesaid conditions, will not constitute an infringement of anyone's Patent rights.

 

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