848 No. 40 of 2016] Notification of patentee by Government Extent, duration and limitation of use of patented invention Compensation of patentee for use of patented invention Applicability of provisions relating to patents Patents Government or an authorised person, the Minister may, with or without the consent of the patentee, authorise in a prescribed manner, the exploitation of the patented invention. 106. (1) Where the Government or an authorised person knows, without conducting a patent search that it is using or will be using a patented invention for purposes referred to in section one hundred and five, the Minister shall, as soon as it is practicable, notify the patentee of the use or the intended use of the patented invention. (2) A patentee who is aggrieved by the decision of the Minister made in accordance with this section may, within three months of the decision, appeal to the High Court. 107. (1) The extent and duration of the use of a patented invention, by the Government or an authorised person, shall be limited to the purposes referred to in section one hundred and five. (2) The use of the patented invention, in accordance with section one hundred and five shall not be assignable or exclusive. 108. (1) Where a patented invention is used by the Government or an authorised person, the patentee shall be paid, within a prescribed period, by the Government or the authorised person, such remuneration as may be considered equitable compensation, with regard to all the circumstances, including the economic value of the patented invention. (2) A patentee aggrieved with the amount of compensation paid in accordance with subsection (1) may, within three months of being paid the compensation, appeal to the High Court. PART XV UTILITY MODELS 109. (1) The provisions of this Act relating to patents shall, with the necessary modifications, apply to utility models. (2) Section fifteen (1) (b) does not apply to utility models. (3) An application for the registration of a utility model shall contain— (a) a request for the registration of the utility model; (b) a claim specifying what is to be protected by the registration of the utility model; (c) the description of the subject matter of the utility model; (d) the drawings to which the claim or description relates; and (e) any other requirements as may be prescribed.

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