Section 109 Patents Act 1970 deals with PERSONS WHO MAY SUE FOR INFRINGEMENT. A suit may be brought by:
Aany member of the general public who is aware of the infringement of the patent (cf. Patents Act 1970, Section 109 read with Section 48)
Bonly the original inventor, regardless of who has been granted the patent (cf. Patents Act 1970, Section 109 read with Section 48)
Conly the Central Government on behalf of all patent holders in India (cf. Patents Act 1970, Section 109 read with Section 48)
Dthe patentee or an EXCLUSIVE LICENSEE (within the meaning of Section 2(1)(f)) — non-exclusive licensees do NOT have right to sue independently
Answer & Solution
Correct answer: D. the patentee or an EXCLUSIVE LICENSEE (within the meaning of Section 2(1)(f)) — non-exclusive licensees do NOT have right to sue independently
1. Section 109 Patents Act 1970: 'The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.'
2. Non-exclusive licensees do not have a right to sue independently.
3. Section 110 provides for joinder of patentee in such suits.
4. Section 48 grants the patentee EXCLUSIVE rights — to prevent third parties not having his consent from the act of making, using, offering for sale, selling, or importing.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 109 read with Section 48_
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