Question

Which provision of the Patents Act, 1970 deals, in respect of any patent in force, with the circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, to enable the Central Government to issue compulsory licenses?

• A. Section 91
• B. Section 102
• C. Section 92
• D. Section 104

Hint:

Remember: Section 92 of the Patents Act is the government's emergency power to issue a compulsory license for public good, bypassing the patent owner.

Answer 1

The Correct Option is C

The Indian Patents Act, 1970, contains provisions for issuing compulsory licenses, which allow someone other than the patent holder to produce the patented product without their consent.
Section 92 of the Act specifically deals with compulsory licenses issued by the Central Government on its own initiative (suo motu).
It empowers the government to make a declaration and grant a compulsory license if it is satisfied that it is necessary due to: \begin{enumerate}
A national emergency.

Other circumstances of extreme urgency.

A case of public non-commercial use.
This is a critical provision for ensuring access to essential inventions, particularly medicines, during public health crises.