Section 100(2) of the Patents Act, 1970 does not cover the invention. The Central Government or its…
Section 100(3), where subsection (2) does not cover the invention, governs use after patent grant or "in consequence of any such communication" by the patentee or…
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Section 100(2) of the Patents Act, 1970 does not cover the invention. The Central Government or its authorised user uses it after grant of the patent or in consequence of the relevant communication by the patentee or predecessor in title. Under section 100(3), on what terms must that use occur?
Answer and explanation
Correct answer B
Section 100(3), where subsection (2) does not cover the invention, governs use after patent grant or "in consequence of any such communication" by the patentee or predecessor. Terms may be agreed before or after use, with the High Court deciding them under section 103 if agreement fails; the Controller does not fix them.
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