83. General principles applicable to working of patented inventions
Without prejudice to other provisions of this Act, in exercising powers under this Chapter, regard shall be had to the following general considerations:
- (a) patents are granted to encourage inventions and secure that they are worked in India on a commercial scale and to the fullest extent reasonably practicable without undue delay;
- (b) they are not granted merely to enable patentees to enjoy a monopoly for importation of the patented article;
- (c) protection and enforcement of patent rights contribute to promotion of technological innovation and transfer/dissemination of technology, to mutual advantage of producers and users, and to a balance of rights and obligations;
- (d) patents do not impede protection of public health and nutrition, and should promote public interest, especially in sectors vital for India’s socio-economic and technological development;
- (e) patents do not in any way prohibit the Central Government from taking measures to protect public health;
- (f) patent rights are not abused, and the patentee (or a person deriving title/interest) does not resort to practices unreasonably restraining trade or adversely affecting international technology transfer; and
- (g) patents are granted to make the patented invention’s benefits available at reasonably affordable prices to the public.
