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Patents Act, 1970


87. Certain patents deemed to be endorsed with the words "licenses of right"

(1) Notwithstanding anything contained in this Act-

(a) every patent in force at the commencement of this Act in respect of invention relating to-

(i) substances used or capable of being used as food or as medicine or drug;

(ii) the methods of processes for the manufacture or production of any such substances as is referred to in sub-clause (i);

(iii) the methods of processes for the manufacture or production of chemical substances (including alloys, optical glass, semi-conductors and inter-metallic compounds), shall be deemed to be endorsed with the words "licenses of right" from the commencement of this Act or from the expiration of three years from the date of sealing of the patent under the Indian Patents and Designs Act, 1911, (2 of 1911), whichever is later; and

(b) every patent granted after the commencement of this Act in respect of any such invention as is referred to in section 5 shall be deemed to be endorsed with the words "licenses of right" from the date of expiration of three years from the date of sealing of the patent.

(2) In respect of every patent which is deemed to be enforced with the words "licenses of right" under this section, the provisions of section 88 shall apply.



Patents Act, 1970 Back




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