Section 159 Patents Act 1970 enacts:
Athis Act binds the Government — patents granted to Government / its undertakings are fully subject to the Act
Bno person in the territory of India can be granted a patent under this Act (cf. Patents Act 1970, Section 159)
Cthis Act binds only registered Indian companies, not Government of India (cf. Patents Act 1970, Section 159)
Dthis Act binds only certain States as notified by the Central Government (cf. Patents Act 1970, Section 159)
Answer & Solution
Correct answer: A. this Act binds the Government — patents granted to Government / its undertakings are fully subject to the Act
1. Section 159 Patents Act 1970: 'This Act shall bind the Government.'
2. Hence the Government is BOUND by all provisions of the Patents Act — patents granted to Government departments / undertakings are subject to all provisions (revocation, infringement, opposition, etc.).
3. However, Sections 100 and 102 give the Central Government special powers over patents (use for Government purposes and acquisition).
4. 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 159_
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