Section 100 Patents Act 1970 deals with 'use of patented inventions fo…

Question

Section 100 Patents Act 1970 deals with 'use of patented inventions for purposes of Government'. A patent owned by:

Accepted Answer

D. any person can be USED by Central or State Government, for purposes of government, without prior consent of the patentee — subject to payment of reasonable royalty under Section 100(3)

1. Section 100(1) Patents Act 1970: 'Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter.'
2. Section 100(3): the patentee shall be paid such adequate remuneration as may be agreed upon, OR in the absence of agreement, as determined by the High Court under Section 103.
3. Section 102 enables acquisition of patents by Central Government.
4. The provisions are India's TRIPS Article 31 flexibilities for government use.
5. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 100_

Answer

only Indian nationals can be used by Government, with foreign-owned patents being immune (cf. Patents Act 1970, Section 100) (cf. Patents Act 1970, Section 100)

Answer

only foreign nationals must be used freely by Government without payment of any royalty (cf. Patents Act 1970, Section 100) (cf. Patents Act 1970, Section 100)

Answer

any person CANNOT be used by Government without prior written consent under any circumstance (cf. Patents Act 1970, Section 100) (cf. Patents Act 1970, Section 100)