Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances (1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by […]

Special provision for compulsory licences on notifications by Central Government (1) If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licenses should be granted at any time […]

Licensing of related patents (1) Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of […]

Terms and conditions of compulsory licences (1) In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure— (i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the […]

General purposes for granting compulsory licences The powers of the Controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say,- (a) that patented inventions are worked on a commercial scale in the territory of India without undue delay and to the […]

Powers of Controller in granting compulsory licences (1) Where the Controller is satisfied on an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, […]

Procedure for dealing with applications under sections 84 and 85 (1) Where the Controller is satisfied, upon consideration of an application under section 84, Or section 85, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and […]

Power of Controller to adjourn applications for compulsory licences, etc., in certain cases (1) Where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of […]

Revocation of patents by the Controller for non-working (1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the […]

Compulsory licences (1) At any time after the expiration of three years from the date of the grant of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:— (a) that the reasonable requirements of the public with respect […]