Patents Act · Chapter XVI

Working of Patents, Compulsory Licences and Revocation

Chapter XVI of the Patents Act, 1970 contains 18 sections, of which 4 have been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

82–98

Section numbers

82Definition of “patented articles” and “patentee”Defines patented article and patentee for the chapter on working of patents, compulsory licences and revocation for non-working.
83General principles applicable to working of patented inventionsSets out the guiding principles that shape how patents must be worked in India and how compulsory licence powers are used.
84Compulsory licencesLets any interested person ask the Controller for a compulsory licence three years after grant if the patent is not serving the Indian public.
85Revocation of patents by the Controller for non-workingAllows the Central Government or an interested person to ask the Controller to revoke a patent that stays unworked after a compulsory licence.
86Power of Controller to adjourn applications for compulsory licences, etc., in certain casesLets the Controller postpone a compulsory licence or non-working case when the patentee proves the delay in working was beyond its control.
87Procedure for dealing with applications under sections 84 and 85Sets the procedure the Controller follows on compulsory licence and non-working revocation applications, including publication, opposition and a hearing.
88Powers of Controller in granting compulsory licencesGives the Controller extra powers when granting compulsory licences, including licensing related patents and revising terms that prove too harsh.
89General purposes for granting compulsory licencesStates the two purposes the Controller must aim at whenever he uses the compulsory licensing powers in this chapter.
90Terms and conditions of compulsory licencesTells the Controller what terms a compulsory licence must carry, from a reasonable royalty to non-exclusivity and supply mainly for India.
91Licensing of related patentsLets a patentee who cannot work its own patent without infringing another patent ask the Controller for a licence under that other patent.
92Special provision for compulsory licences on notifications by Central GovernmentLets the Controller grant compulsory licences quickly once the Central Government notifies a national emergency, extreme urgency or public non-commercial use.
92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstancesAllows a compulsory licence to make and export patented medicines to countries that cannot manufacture them for their own public health needs.
93Order for licence to operate as a deed between parties concernedMakes a Controller's licence order take effect as if it were a licence deed signed by the patentee and all other necessary parties.
94Termination of compulsory licenceAllows a compulsory licence to be ended when the circumstances that justified it have gone and are unlikely to come back.
95Provision relating to licences of right OmittedPart of the repealed licences of right scheme, under which certain patents were marked as open for anyone to take a licence.
96Provision relating to licences of right OmittedA repealed provision from the licences of right group, which dealt with claiming such a licence and settling its terms.
97Provision relating to licences of right OmittedA repealed provision from the licences of right group, concerning the consequences that followed once a patent carried that endorsement.
98Provision relating to licences of right OmittedThe last of the omitted licences of right provisions; the scheme it belonged to ended when India moved to a TRIPS compliant licensing system.