Government Usage of Invention - S100 (2/5): Compensation/Royalty

This informative session provides a closer look at Section 100 of the India Patents Act, which outlines the compensation and royalty provisions for patentees and exclusive licensees in case the government uses their invention. If you're a patentee or exclusive licensee, or simply interested in the legal aspects of intellectual property, this video is a must-watch.
The video begins by introducing Section 100 of the India Patents Act and explaining its relevance in the context of patent law. We then explore the various parameters that are considered to determine if compensation is required and the amount of compensation that is adequate for the expenses incurred by the patentee or exclusive licensee on the invention and patent.
Moving on, the video provides an in-depth understanding of the compensation and royalty provisions for patentees and exclusive licensees, highlighting the key considerations and factors that are taken into account while determining the compensation amount. This includes the economic value of the patented invention, the investment made by the patentee or exclusive licensee in developing the invention, and the impact of the government's use of the invention on the patentee's commercial prospects.
In conclusion, this video provides valuable insights into Section 100 of the India Patents Act and the compensation and royalty provisions for patentees and exclusive licensees. It is a must-watch for anyone interested in Indian patent law and the protection of intellectual property rights. Don't miss out on this informative session and gain a deeper understanding of the India Patents Act to protect your rights and ensure that you receive the compensation you deserve.
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[@riyanagpal8706]

Hello sir ,
This is out of the context question but can you please help that 1.how is first schedule of fees mention in act is different from fourth schedule scale of cost .?
2. Do a natural person and small entity pay the same amount of fees since in first schedule they share the same column for fees but in fourth it's differentiated into two different section of fees one with natural person and the second being other than natural person
Also it would be really helpful if you could just share snapshot of the fees ( the value) while filing PCT application ( for complete process)..

[@AbhayPorwal]

Hello Riya,
The First Schedule is a part of the Patent Rules that specifies the fees payable to the Patent Office for various services related to patent prosecution. It includes fees for filing a patent application, requesting examination, and issuance of a patent, among others.
The Fourth Schedule is another part of the Patent Rules that lists the expenses that may be awarded as "costs" to a party involved in patent proceedings. These expenses can include official fees, stamp fees, and other expenses incurred by the party to be a part of the proceedings.
Now, the question raised is about the relationship between the First and Fourth Schedules. Ideally, the Fourth Schedule should be in line with the First Schedule, meaning that the expenses that can be awarded as "costs" should be roughly the same as the fees payable to the Patent Office. This is because small entities, which pay lower fees than larger entities, should not be able to receive more in "costs" than they paid in fees.
However, currently, the Fourth Schedule allows for certain expenses to be awarded as "costs" that are not included in the First Schedule. This means that small entities may end up receiving more in "costs" than they paid in fees, which some may argue is not fair or equitable.

[@riyanagpal8706]

@@AbhayPorwal thanku so much sir for your time and efforts ; very well explained

[@AbhayPorwal]

@@riyanagpal8706 keep asking :-)

[@prashant3285]

Compensation is granted only after grant of patent to applicant, and for the term government has used the invention. Is this correct?

[@AbhayPorwal]

Yes, but if the government has ordered the patentee or someone else to use it on their behalf, than the compensation is paid for the "working" more like taking services and paying for it.