Patents Act, 1970

Section - 103 - Reference to High Court of disputes as to use for purposes of Government

Reference to High Court of disputes as to use for purposes of Government.

103 . (1) Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court.

(2) In any proceedings under this section to which the Central Government is a party, the Central Government may,-

(a)- if the patentee is a party to the proceedings, petition by way of counter- claim for revocation of the patent on any ground upon which a patent may be revoked under section 64; and
(b)- whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation.
(3) If in such proceedings as aforesaid any question arises whether an in .... To read the full section download the app from Google Play store