Patents Act,1970
Act No : 39
Section :
Certain patents deemed to be endorsed with the words "Licences ofright".
87. Certain patents deemed to be endorsed with the words "Licences of right". (1) Notwithstanding anything contained in this Act,- (a) every patent in force at the commencement of this Act in respect of inventions relating to- (i)substances used or capable of being used as food or as medicine or drug; 82 (ii) the methods or processes for the manufacture or production of any such substance as is referred to in sub-clause (i) ; (iii) the methods or processes for manufacture or pro- duction of chemical substances (including alloys, optical glass, semi-conductors and inter-metallic compounds). shall be deemed to be endorsed with the words "Licences of right" from the commencement of this Act or from the expiration of three years from the date of sealing of the patent under the Indian Patents and Designs Act, 1911, (2 of 1911.) whichever is later; and (b) every patent granted after the commencement of this Act in respect of any such invention as is referred to in section 5 shall be deemed to be endorsed with the words "Licences of right" from the date of expiration of three years from the date of sealing of the patent. (2) In respect of every patent which is deemed to be endorsed with the words "Licences of right" under this section, the provisions of section 88 shall apply.
Read All Comments