CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights
A patent held by Orion Pharma lapsed and was later restored. Between the date it ceased to have effect and the date of publication of the application for restoration, Zenith Labs began using the invention. Which statement is correct under the Patents Act, 1970?
No infringement suit can be brought for the period between lapse and publication of the restoration application, and the Controller may impose conditions protecting or compensating those who began or took definite steps to use the invention. Orion's restored rights are subject to those conditions.
- AOrion may sue Zenith for infringement from the date the patent lapsed
- BOrion's rights are unaffected by the lapse and the Controller can impose no conditions
- CNo suit can be commenced for infringement in that interval, and the Controller may impose protective conditions for those who began using the inventionCorrect
- DZenith must stop use immediately and pay compensation fixed by the Controller
Explanation
Under section 62(2), no suit or proceeding may be started for infringement committed between the date the patent ceased to have effect and the publication of the restoration application. Section 62(1) lets the Controller impose conditions to protect or compensate persons who began or took definite steps to use the invention. Suing for the lapse period is therefore barred.
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