Section 83 of The Patents Act, 1970, PA : Section 83: General Principles Applicable To Working Of Patented Inventions

Explanation using Example

Let's consider a hypothetical case where a pharmaceutical company, PharmaCorp, invents a new, more effective drug for treating diabetes. PharmaCorp applies for a patent in India under The Patents Act, 1970.

Under Section 83:

1. PharmaCorp is encouraged to manufacture this drug in India on a commercial scale and not delay its production. This is to ensure the drug reaches the patients who need it as soon as possible.
2. The patent is not granted just to give PharmaCorp monopoly over importing the drug. Instead, the patent should serve the purpose of encouraging innovation and benefiting the public.
3. The patent should promote technological innovation and its dissemination, benefiting both PharmaCorp and the users of the drug. It should also contribute to social and economic welfare.
4. The patent should not impede the protection of public health and nutrition. For instance, if the drug is essential for public health, the patent should not prevent its availability.
5. The patent should not prohibit the government from taking measures to protect public health. For example, if a public health crisis arises, the government should still be able to take necessary measures related to the drug.
6. PharmaCorp should not abuse its patent rights to unreasonably restrain trade or adversely affect the international transfer of technology.
7. The benefit of the patented drug should be available at reasonably affordable prices to the public, ensuring that the drug is not priced out of reach for those who need it.