Patents Act, 1978 (Act No. 57 of 1978)Chapter VIII : Licences55. Compulsory licences in respect of dependent patents |
Where the working of a patent (hereinafter referred to as a dependent patent) without infringement of a prior patent is dependent upon the obtaining of a licence under that prior patent, the proprietor of the dependent patent may, if agreement cannot be reached as to such licence with the proprietor of the prior patent, apply to the commissioner for a licence under the prior patent, and the commissioner may grant such a licence on such conditions as he may impose, but including a condition that such licence shall be used only for the purpose of permitting the dependent patent to be worked and for no other purpose: Provided that the commissioner shall not grant such a licence unless—
| (a) | the invention claimed in the dependent patent involves an important technical advance of considerable economic significance in relation to the invention claimed in the prior patent; |
| (b) | the proprietor of the dependent patent granted the proprietor of the prior patent on reasonable terms a cross-licence to use the invention claimed in the dependent patent; and |
| (c) | the use authorised in respect of the prior patent is not assignable except with the assignment of the dependent patent. |
[Section 55 amended by section 44 of Act No. 38 of 1997].