Patent

Use of Patented Invention by the Central Government

The grant of patent confers the exclusive right of use on the patentee for commercial gain but the Act recognizes that the Central Government may use any invention even without the payment of royalty to the inventor.

The idea is that the invention can be put to use for general public benefit by the government in certain circumstances when the patentee would have to forego his commercial gain in the general public interest.

Some Restricted Use of Patented Invention Permissible Under the Law

The essence of a patent is conferring of the exclusive right on the patentee. Yet some restricted use of a patented invention by a person other than the patentee is permissible under the law. For such instance, use of a patented invention is permissible for research or experimental purposes or for imparting knowledge or instructions to pupils.

Infringement of the Patent

The right conferred by the Patent is the exclusive right to make, use, exercise, sells or distribute the invention n India. Infringement consists in the violation of any of these rights.

The act expressly provides that use by a person other than the patentee, patentees assignee or licensee would be an infringement of the patent and as such illegal.