A.38 Licences in respect of dependent patents Termination of contracts relating to licences Invalidation of patents 34. (1) If the exploitation of a patent (in this section referred to as “the later patent”) is dependent upon the obtaining of a licence under an earlier patent, the patentee in respect of the later patent may apply to the High Court for an order to be issued a licence to exploit the earlier patent, and the order may be granted on such conditions as may be imposed, including a condition that such licence may be used only for the purpose of permitting the later patent to be exploited. (2) The Court shall not grant an order under this section unless the invention claimed in the later patent involves an important technical advance of considerable economic importance in relation to the invention claimed in the earlier patent. (3) Where a holder of a plant variety right cannot exploit his or her right without infringing a prior patent, the holder may apply for a compulsory licence for the non-exclusive use of that patent, to the extent necessary to allow the exploitation of the plant variety right. (4) Where a patentee of a biotechnological invention cannot exploit the patent without infringing a prior plant variety right, the patentee may apply for a compulsory licence for the non-exclusive use of the plant variety right, to the extent necessary to allow the exploitation of such patent. (5) The High Court may, on an application made to it by the patentee in respect of an earlier patent or plant breeder’s right, as the case may be, grant an order for the issue of a licence to use the invention claimed in the later patent or plant breeder’s right. (6) A licence granted under this section shall not be transferable except in conjunction with the transfer of the licence in respect of the later patent. (7) The provisions of section 31 (1) regarding the remuneration due to the owner of the patent shall apply to licences issued under this section. 35. Any contract relating to a licence to exploit a patent shall terminate on the date on which the patent under which the licence was granted expires, is revoked or otherwise ceases to protect such invention. 36. (1) The Registrar or the High Court may, on the application of any interested party, invalidate a patent if it is found — (a) that the patent is not an invention within the meaning of the term as defined under this Act; (b) that the patentee is not a person entitled, under section 10, to apply for a patent; (c) that the patent concerned is not patentable under section 8; (d) that the invention is a matter which should have been excluded from patent protection; (e) that the patentee’s application did not satisfy the requirements of section 12 (4), (5), (7) and (8) and corresponding regulations, or that the conditions under section 13 (3) or 15 (1), where applicable, were not complied with.