Write short notes on the following with regard to the Patents Act, 1970: Compulsory Licences Patent Agent.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
Write short notes on the following with regard to the Patents Act, 1970: Compulsory Licences Patent Agent.

Answer & Explanation:

Compulsory Licenses Compulsory licenses are authorizations given to a third-party by the Controller General to make, use or sell a particular product or use a particular process which has been patented, without the need of the permission of the patent owner. This concept is recognised in both national as well as international levels, with express mention in both Patents Act, 1970 and TRIPS Agreement. There are certain prerequisite conditions, given under sections 84-92 of the Patents Act, 1 which need to be fulfilled if a compulsory license is to be granted in favour of someone. Grant of compulsory licence on patent could be on any of the following grounds, namely: that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or that the patented invention is not available to the public at a reasonably affordable price, or that the patented invention is not worked in the territory of India. Patent Agent The work relating to drafting of specifications, making of application for a patent, subsequent correspondence with the Patent office on the objections raised, representing the applicant's case at the hearings, filing opposition and defending application against opposition is entrusted to a qualified Patent Agent. Sections 125-132 of the Patents Act, 1970 read with the Patents Rules dealt in with the Patent Agents.

Topics: Intellectual Property Laws

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