Section 83 – THE PATENTS ACT, 1970

Without prejudice to
the other provisions contained in this Act, in exercising the powers conferred by this
Chapter, regard shall be had to the following general considerations, namely;—
(a) that patents are granted to encourage inventions and to secure that the inventions
are worked in India on a commercial scale and to the fullest extent that is
reasonably practicable without undue delay;
(b) that they are not granted merely to enable patentees to enjoy a monopoly for the
importation of the patented article;
(c) that the protection and enforcement of patent rights contribute to the promotion of
technological innovation and to the transfer and dissemination of technology, to the
mutual advantage of producers and users of technological knowledge and in a
manner conducive to social and economic welfare, and to a balance of rights and
obligations;
(d) that patents granted do not impede protection of public health and nutrition and
should act as instrument to promote public interest specially in sectors of vital
importance for socio-economic and technological development of India;
(e) that patents granted do not in any way prohibit Central Government in taking
measures to protect public health;
(f) that the patent right is not abused by the patentee or person deriving title or
interest on patent from the patentee, and the patentee or a person deriving title or
interest on patent from the patentee does not resort to practices which
unreasonably restrain trade or adversely affect the international transfer of
technology; and
(g) that patents are granted to make the benefit of the patented invention available at
reasonably affordable prices to the public.