IPC Section 39
Section 39 — Licensing of Inventions Related to Atomic Energy
Overview
Section 39 of the Indian Patents Act deals with inventions related to atomic energy and places special restrictions and controls on their patenting and use, given their sensitive nature.
Key Provisions of Section 39
Inventions Related to Atomic Energy
If an invention relates to the production or use of atomic energy or is connected to the defense or security of the country, special rules apply.
Requirement of Government License
No patent shall be granted in respect of such inventions unless the Central Government licenses the patent or permits its use.
The Central Government has the authority to control the use of the invention, regardless of patent rights, to ensure security and public interest.
Restriction on Patent Rights
The government can impose conditions or restrictions on the use or exploitation of such patents.
This is to ensure that inventions critical to national security or atomic energy are not misused or disclosed improperly.
Right to Use Without Patent Owner’s Consent
The government or any person authorized by it may use the invention without the patent owner’s consent, for public interest or defense purposes.
Purpose of Section 39
To safeguard national security and defense interests.
To maintain government control over inventions related to atomic energy.
To ensure that such inventions are used in a way consistent with public safety and strategic considerations.
Summary Table
| Aspect | Details |
|---|---|
| Subject Matter | Inventions related to atomic energy |
| Government Role | Must license or permit patenting/use |
| Restrictions on Patent Owner | Conditions imposed on use/exploitation |
| Use Without Consent | Government may use without patent owner’s consent |
| Purpose | National security and public interest |
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