Many life saving drugs are patented by multinational pharmaceutical companies and many time there is shortage of these medicines in the market. In this context explain working of patented invention and can government iss

Section 83 of the Patents Act, 1970 deals with general principles applicable to working of Patented Invention. It provides that in exercising the powers conferred for working of Patents and Compulsory Licenses, 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 especially 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. Compulsory Licenses The provisions for Compulsory Licenses are made in the Patents Act, 1970 to prevent the abuse of grant of Patent as a monopoly and to make the way for commercial exploitation of the invention by any interested person. According to Section 84 of the Patents Act, 1970, any person interested can make an application for grant of compulsory license for a Patent after three years from the date of grant of that Patent on any of the following grounds - 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. An application for Compulsory License may be made by any person notwithstanding that he is already the holder of a license under the Patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a license or otherwise or by reason of his having accepted such a license. Thus, while law confers some exclusive monopoly rights upon the individuals (Patent Holders) in respect of their inventions as a credit or reward for the time, efforts and capital spent by them in coming up with such an invention, it equally draws a balance by making provisions thereby ensuring that grant of such a right does not run counter to the interest of society / general public and thus in case there is a shortage of any life saving drug which is a subject matter of Patent by a Multinational Corporation, the Government is entitled to direct such Patent Holder or itself grant the right to a potential player to carry on production of such life saving product to ensure that there is no short supply of it in the public.