Question

Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law?

• A. The invention cannot be used by the Government without permission
• B. The patent becomes void if used by a government authority
• C. The Government may use the invention for its own purposes without the consent of the patentee
• D. The patentee loses all rights once the invention is used by the Government

Hint:

In Intellectual Property law, exclusive rights are rarely absolute. Remember that the Patents Act allows Government use and compulsory licensing in exceptional situations to balance private rights with public interest.

Answer 1

The Correct Option is C

Step 1: Read the question.
Under the Patents Act, 1970, we must find the correct limit on a patentee's rights.

Step 2: Understand a patent right.
A patent gives the inventor an exclusive right over the invention. But this right is not unlimited.

Step 3: Know the Government use rule.
The Act allows the Central Government, or a person it authorises, to use a patented invention for government purposes. This can be done even without the patentee's consent, though the patentee may get fair compensation.

Step 4: Understand the reason.
This power helps the country use important inventions for public welfare, health or national security.

Step 5: Check the options.
Option 1 is wrong because the Government can use it without permission. Option 2 is wrong because such use does not make the patent void. Option 4 is wrong because the patentee keeps his rights even after Government use. Option 3 states the true limit.

Step 6: Final answer.
The Government may use the invention for its own purposes without the patentee's consent.
\[ \boxed{\text{The Government may use the invention for its own purposes without the consent of the patentee}} \]