Under the Patents Act, 1970, the provision of revocation of a granted patent in public interest is an…
Section 66 of the Patents Act, 1970 allows the Central Government, if it is of opinion that a patent or the mode in which it is exercised is "mischievous to the State or…
Choose your answer
Under the Patents Act, 1970, the provision of revocation of a granted patent in public interest is an important aspect to balance the monopolistic rights with public interest. In reference to the same, which of the following is the Correct option:
Answer and explanation
Correct answer D
Section 66 of the Patents Act, 1970 allows the Central Government, if it is of opinion that a patent or the mode in which it is exercised is "mischievous to the State or generally prejudicial to the public", to make a declaration in the Official Gazette after giving the patentee an opportunity to be heard; the patent "shall be deemed to be revoked".
The power does not belong to a State Government or the High Court, and section 66 does not deal with patents granted in breach of section 3, which are challenged through opposition or revocation proceedings.
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