Patents Act, 1992

Use of inventions pursuant to section 77 ; supplementary provisions.

78.—(1) During any period when an order under subsection (2) (a) is in force the power exercisable in relation to an invention by a Minister of the Government, or a person authorized by a Minister of the Government under section 77 , shall include power to use the invention for any purpose which appears to such Minister to be necessary or expedient—

(a) for the maintenance of supplies and services essential to the life of the community;

(b) for securing a sufficiency of supplies and services essential to the well-being of the community;

(c) for promoting the productivity of commerce and industry, including agriculture;

(d) generally for ensuring that the whole resources of the community are available for use and are used, in a manner best calculated to serve the interests of the community;

(e) for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any country or territory other than the State that is in grave distress; or

(f) for ensuring the public safety and the preservation of the State.

(2) (a) Where the Government are of opinion that, owing to the existence of exceptional circumstances, it is desirable in the interests of the community that a power conferred by subsection (1) shall be available, they may by order declare that the power shall be available.

(b) Where an order under paragraph (a) of this subsection is for the time being in force and the Government are of the opinion that the exceptional circumstances referred to in that paragraph no longer exist, they shall by order revoke the first-mentioned order.