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ARTICLE · 17 JULY 2020

Compulsory Licensing - Diluting The Rights Of A Patentee

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Grant of a patent implies a statutorily granted monopoly on the use of invention. Setting aside the concern that this invention should not be exploited at the cost of public interest.

IndiaIntellectual Property
AMLEGALS
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INTRODUCTION

World Intellectual Property Organization (WIPO) defines patent as:

"the right granted for an intervention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to the problem."

Grant of a patent implies a statutorily granted monopoly on the use of invention. Setting aside the concern that this invention should not be exploited at the cost of public interest. Once a patent is granted, the patentee is vested with the exclusive rights over his inventions for the period of 20 years.

For the prescribed duration, every single person is excluded from making any use of such patented product without the prior permission and authorization of the patentee. The only exception to this rule is by granting a compulsory license as defined in Chapter XVI of the Indian Patents Act, 1970.

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Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion, advice or any advertisement. This document is not intended to address the circumstances of any particular individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a particular situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.

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