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Report No. 167

2.4. Recommendation No. IV: Amendment of section 64 of the Principal Act.-

It is also necessary to amend section 64 which provides for revocation of patents on certain specified grounds. It is necessary to provide an additional ground of revocation to protect our State interest. Accordingly it is recommended that after clause (o). in sub-section (1) of section 64, the following clause shall be inserted:

"(p) That the patent granted is prejudicial to the security of the State or has been granted in contravention of the provisions of this Act."

2.4.1 Such an additional ground of revocation is also necessary to create a vested interest in the applicant to ensure that patent is granted to him in due compliance with law. This would ensure that applicants do not indulge in fraudulent practices for obtaining patents.



The Patents (Amendment) Bill, 1998 Back




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