Working statements and compulsory licences
India expects patents to be worked, not warehoused.
Patentees and licensees must tell the Patent Office whether the patented invention has been worked commercially in India, on Form 27, at the interval the Rules prescribe. The statements are public.
After three years from grant, any person interested can apply for a compulsory licence on the grounds that the reasonable requirements of the public are not satisfied, the invention is not available at a reasonably affordable price, or it is not worked in India.
There is also a separate route for exporting patented pharmaceutical products to a country with insufficient manufacturing capacity, and a Government notification route for national emergencies and extreme urgency.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 24CCompulsory licences
- 24DSpecial provision for selling or distribution
- 66Revocation of patent in public interest
- 82Definition of “patented articles” and “patentee”
- 83General principles applicable to working of patented inventions
- 84Compulsory licences
- 85Revocation of patents by the Controller for non-working
- 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
- 87Procedure for dealing with applications under sections 84 and 85
- 88Powers of Controller in granting compulsory licences
- 89General purposes for granting compulsory licences
- 90Terms and conditions of compulsory licences
- 91Licensing of related patents
- 92Special provision for compulsory licences on notifications by Central Government
- 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- 93Order for licence to operate as a deed between parties concerned
- 94Termination of compulsory licence
- 95Provision relating to licences of right
- 96Provision relating to licences of right
- 97Provision relating to licences of right
- 98Provision relating to licences of right
- 110Right of licensee under section 84 to take proceedings against infringement
- 112Restriction on power of court to grant injunction in certain cases
- 122Refusal or failure to supply information
- 140Avoidance of certain restrictive conditions
- 146Power of Controller to call for information from patentees
- 150Security for costs
- 43Omitted
- 96Application for compulsory licence, etc.
- 97When a prima facie case is not made out
- 98Notice of opposition under section 87(2)
- 99Manner of publication of the revocation order
- 100Application under section 88(4)
- 101Procedure to be followed in case of applications under section 88(4)
- 102Application for termination of compulsory licence under section 94
- 131Form and manner in which statements required under section 146(2) to be furnished
- 139Hearing before the Controller to be in public in certain cases
Need help with a working statement or a compulsory licence?
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