The agreements related to payment of royalty fees beyond the life of a patent are banned in the US.The US Supreme Court has been petitioned to overturn this law.However the possibility of that happening is low and that is rightly so because the fundamental objective of patenting is social and economic development.Benefits to the patentee cannot be the one and only objective of the patenting process.
“This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.” Supreme Court in Seshia vs State of Telangana on Feb1, 2023.
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