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Sunday, August 2, 2020 | History

3 edition of Compulsory working and revocation of patents found in the catalog.

Compulsory working and revocation of patents

Compulsory working and revocation of patents

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  • 28 Currently reading

Published by Stevens and Sons in London .
Written in English

    Subjects:
  • Patent laws and legislation -- Great Britain.

  • Edition Notes

    Other titlesLunge"s compulsory working & revocation of patents
    Statementby Ernest Lunge.
    Series20th-century legal treatises -- no. 15,789-15,790.
    The Physical Object
    FormatMicroform
    Paginationvii, 89 p.
    Number of Pages89
    ID Numbers
    Open LibraryOL19043243M

    Chapter XII Surrender and Revocation of Patents Chapter XIII Register of Patents Chapter XIV Patent Office and Its Establishment Chapter XV Powers of Controller Generally Chapter XVI Working of Patents, Compulsory Licences and Revocation Chapter XVII Use of Inventions For Purposes of Government and Acquisition of Inventions. Compulsory Licensing—Working of Patents, Grounds for Grant of Compulsory License, Revocation; Patent Licensing; He is the author of three books on patent law. He is a practicing advocate at the Madras High Court. He litigates and counsels in intellectual property law, corporate law and competition law but his primary focus has remained in.

    As per Section 85 of the Patents Act, , the Patent can be revoked for non-working. Any person interested or the Government can apply for the Revocation of Patent to the Controller with respect to the Patent for which compulsory license is granted. The Patent Revocation should be filed within two years of the grant of the compulsory license. The course shall give an in-depth understanding of patent law to engineers and scientists. This course will help person with a science background to understand the fundamentals of patent law, know the requirements of patentability, learn how to read and interpret patent specifications, analyze patent office procedures and court cases and develop the basic understanding for drafting a patent.

    Revocation of Patents; Register of Patents; Patent Office and its Establishment; Patent Agents; Use and Acquisition by Government; Penalties; Week 11 - Compulsory Licensing. Introduction to Compulsory Licensing; Working of Patents; Compulsory Licenses; Revocation of Patents 1; Powers of Controller; Licensing of Related Patents. Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable.


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Compulsory working and revocation of patents Download PDF EPUB FB2

Compulsory working and revocation of patents. by Ernest Lunge (Author) ISBN ISBN Why is ISBN important. ISBN. This bar-code number lets you verify that you're getting exactly the right version or edition of a book. The digit and digit formats both : Ernest Lunge.

Additional Physical Format: Print version: Lunge, Ernest. Compulsory working and revocation of patents. London: Stevens and Sons, (OCoLC) Compulsory working and revocation of patents. [Ernest Lunge] Home. WorldCat Home About WorldCat Help.

Search. Search for Library Items Search for Lists Search for Contacts Search for a Library. Create lists, bibliographies and reviews: or Search WorldCat. Find items in libraries near you. Revocation of patents by the Controller for non-working. (1)Where, in respect of a patent, a compulsory license has been granted, the Central Government or any person interested ; may, after the expiration of two years from the date of the order granting the first compulsory license, apply to the Controller for an order revoking the patent on.

(1) On an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur.

The need for providing such safeguards was addressed by introducing provisions of Chapter XVI i.e. “Working of Patents, Compulsory Licences and Revocation” in the Patents Act, Section 83 of the Patents Act, delineated the general expectations from the holder of patent rights to exploit the patent.

Surrender And Revocation Of Patents [w1mzw1ml7]. 1 SURRENDER AND REVOCATION OF PATENTS 1. Introduction A patient has the exclusive right of making, using or selling the invention, the validity of the patent is not guaranteed by the government, as is made clear in the form of the Compulsory working and revocation of patents book itself, and in sec13 (4) of the Act.

Nobel laureate Joseph Stiglitz in his book Making Globalization Work showed that the international pharmaceutical patents law, the WTO Agreement on the Trade related aspects of Intellectual.

REVOCATION OF PATENTS BY THE CONTROLLER FOR NON-WORKING: As stated earlier, Section 85 deals with revocation of patents by Controller for not working and provides that where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory.

Since patents fall within the definition of “investment,” its “taking” by way of compulsory licensing or its revocation would trigger the expropriation provisions in Indian BITs. Revocation of Patents for Non Working: Controller can make an order to revoke a patent for non working if the reasonable requirements of the public are not still met after the grant of compulsory license.

According to section 85 of the Patents Act where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of. “ patent working data is critical for triggering the compulsory licensing and revocation provisions.

If this trigger is made more difficult by keeping the data secret and opaque, it will ultimately affect consumers by denying them potentially more affordable technologies and goods, a concern most starkly felt in the area of lifesaving/extending medicines, such as Bayer’s Nexavar.”.

Revocation under Section 64 brings in inherent strength or weakness of the patent. For a usual revocation, inter-alia, lack of novelty, inventive step and industrial applicability is required to be proven.

However, for the revocation under Sect the element of public interest and what qualifies as prejudicial to the public comes into play. Revocation of patent non working According to section 85 of patents act The Central Government or any interested person after expiration of 2 years from date of order granting the first compulsory license apply to controller for an order of revoking patent on ground that i.

Patented invention not worked in territory of India ii. Such a notification can then enable the grant of compulsory licenses for the patents covered in the notification. A notification under section 92 has several advantages, as noted above. The most important advantage being that, unlike a revocation, the exercise of this alternative does not result in the demise of the patent.

surrender and revocation of patents chapter xiii. register of patents chapter xiv. patent office and its establishment chapter xv.

powers of controller generally chapter xvi. working of patents, compulsory licences and revocation chapter xvii. use of inventions for purposes of government and acquisition of inventions by central government. Secretary’ as well as other legal and professional journals along with the aid of reference books related to the subject.

l Revocation of Patents l Assignment and licensing of Patents l Working of Patents- Compulsory Licensing l Patent Agent- Qualification and Registration Procedure.

• Procedure for Filing of Patent Application and types of Applications • Procedure for Opposition, • Revocation of Patents • Ownership and Maintenance of Patents • Assignment and licensing of Patents • Working of Patents- Compulsory Licensing • Patent Agent- Qualification and Registration Procedure 3.

The effect of revocation is that the patent is cancelled and is meant to be treated as if it had never existed. After a patent has been granted, any person, whether they have a legal interest in seeking revocation or not, can apply to the comptroller or the courts for an order to revoke the patent.

A granted patent can be revoked any time after grant by the Controller or High Court or the Central government, suo moto, or on the request of an interested person/party. To demonstrate the process, various phases and approaches of patent opposition and revocation, a presentation is provided herein, first presented to an audience at NLSIU.

Non-working Patents, Compulsory Licensing and Revocation At any time after three years after the grant of a patent, any person may apply to the Controller for a compulsory license on the patent on grounds that, inter alia, the patented invention is not worked in India (S. 84).THE PATENTS ACT, Section Revocation of patents by the Controller for non-working (1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that.revocation and surrender of patent – rights and obligation of patent – ownership and assignment of licence- compulsory licence- International patent filing.

UNIT 4: Patent Litigation- What amounts to infringement of patent jurisdiction- Burden of Proof- Remedies including Anton Pillar Order- Defenses – Enforcement. UNIT 5.