Section 83:
General principles 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;
(b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation
of the patented article;
(c) that the protection and enforcement of patent rights contribute to the promotion of
technological innovation and to the transfer and dissemination of technology, to the mutual advantage
of producers and users of technological knowledge and in a manner conducive to social and economic
welfare, and to a balance of rights and obligations;
(d) that patents granted do not impede protection of public health and nutrition and should act as
instrument to promote public interest specially in sectors of vital importance for socio-economic and
technological development of India;
(e) that patents granted do not in any way prohibit Central Government in taking measures to
protect public health;
(f) that the patent right is not abused by the patentee or person deriving title or interest on patent
from the patentee, and the patentee or a person deriving title or interest on patent from the patentee
does not resort to practices which unreasonably restrain trade or adversely affect the international
transfer of technology; and
(g) that patents are granted to make the benefit of the patented invention available at reasonably
affordable prices to the public.