Page:Patents Act 1970 (India).pdf/37

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the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

79. Evidence how to be given and power of Controller in respect thereof

Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of direction by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit.

80. Exercise of discretionary powers by Controller

Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act.

81. Disposal by Controller of applications for extension of time

Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension.

CHAPTER XVI

WORKING OF PATENTS, COMPULSORY LICENCES,

LICENCES OF RIGHT AND REVOCATION

82. Definition of `patented articles’ and "patentee"

In this Chapter, unless the context otherwise requires,

a. "patented article" includes any article made by a patented process;and
b. "patentee" includes an exclusive licensee.

83. General principle applicable to working of patented inventions

Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely-

a. that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; and
b. that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article.

84. Compulsory licences

(1) At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller alleging that the