Discussion
Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
Answer: B
The limitation is that the Government may use the invention for its own purposes without the consent of the patentee.
Section 47 of the Patents Act, 1970 makes every patent subject to the condition that the Government may use the patented invention merely for its own use, and import patented medicines for its own use or for distribution in government dispensaries and hospitals. Sections 99 and 100 also allow the Central Government, and persons authorised by it, to use an invention for the purposes of Government, generally on terms and royalty agreed or fixed by the High Court.
Government use does not void the patent or strip the patentee of all rights; the patent stays in force and the patentee may be entitled to remuneration. The statement that the Government cannot use it without permission is the opposite of the law.
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