Acquisition of inventions and patents by the Central Government
(1) The Central
Government may, if satisfied that it is necessary that an invention which is the subject of
an application for a patent or a patent should be acquired from the applicant or the
patentee for a public purpose, publish a notification to that effect in the Official Gazette,
and thereupon the invention or patent and all rights in respect of the invention or
patent shall, by force of this section, stand transferred to and be vested in the Central
Government.
(2) Notice of the acquisition shall be given to the applicant, and, where a patent has been
granted, to the patentee and other persons, if any, appearing in the register as having
an interest in the patent.
(3) The Central Government shall pay to the applicant, or, as the case may be, the patentee
and other persons appearing on the register as having an interest in the patent such
compensation as may be agreed upon between the Central Government and the
applicant, or the patentee and other persons; or, as may, in default of agreement, be
determined by the High Court on a reference under section 103 to be just having regard
to the expenditure incurred in connection with the invention and, in the case of a patent,
the term thereof, the period during which and the manner in which it has already been
worked (including the profits made during such period by the patentee or by his licensee
whether exclusive or otherwise) and other relevant factors.
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