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Under Section 100(2) of the Patents Act, 1970, Government use of an invention shall be free of royalty…

Section 100(2) permits royalty-free Government use where the invention was independently documented or tested before the relevant priority date, rather than learned from the…

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Under Section 100(2) of the Patents Act, 1970, Government use of an invention shall be free of royalty or other remuneration where, before the priority date of the relevant claim:

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Correct answer A

Section 100(2) permits royalty-free Government use where the invention was independently documented or tested before the relevant priority date, rather than learned from the patentee or a predecessor. Where its conditions fail, subsection (3) governs use after grant or "in consequence of any such communication"; non-application of subsection (2) alone does not express that further condition.

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