Section 48: Revocation of patent by the Federal Government

1[48.— Revocation of patent by the Federal Government. Where the Federal Government is of the opinion that:— (a) a patent or the made in which it is exercised is mischievous to the State or generally prejudicial to the public; or (b) a patent has been obtained through concealment or misrepresentation in the application; or (c) where the compulsory licence granted to prevent the abuse which might result from the exercise of the exclusive rights conferred by the patent, for example, failure to work or in relation to anti­competitive practices, has not been sufficient, it may, after giving the patentee an opportunity of being heard, make a declaration to that effect in the official Gazette, 2[and in the Patents’ jounal] and thereupon the patent shall be deemed to have been revoked: Provided that proceedings upon clause (c) and shall not begin before the expiration of two years from the grant of first compulsory licence.]

Effective date: 2000-01-01

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