Section 87 of the Patents Act, 1970
Procedure for dealing with applications under sections 84 and 85
Sets the procedure the Controller follows on compulsory licence and non-working revocation applications, including publication, opposition and a hearing.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Treat this page as a guide. The provision as officially published, along with the Gazette notifications that apply to it, remains the governing text and overrides any simplification here.
What this section says, in plain language
Section 87 is the procedural spine of Chapter XVI. An application under Section 84 or Section 85 is not decided on paper behind closed doors. This section builds in a first filter, then publicity, then a chance for the other side to object, and finally a hearing.
The first step is the prima facie test. The Controller looks at the application and asks whether, taken at face value, it discloses a case that deserves to go further. If it does not, the applicant is notified. Under Rule 97 the applicant may then ask to be heard within one month of that notification; if no request is made, the Controller refuses the application. If a hearing is requested and, after hearing, the Controller is still not satisfied, he may refuse the application by an order stating reasons.
If a prima facie case is made out, the Controller directs the applicant to serve copies of the application on the patentee and on any other person shown in the register as having an interest in the patent, such as a registered licensee or mortgagee. The application is also published in the Official Journal so that the public knows a compulsory licence or revocation is being sought.
Anyone who wants to resist the application, including the patentee, may then give notice of opposition. That notice is given on Form 14 under Rule 98, within the period the Rules set, and it must state the grounds. The exact period should be checked against the current Rules. Where an opposition is filed, the Controller notifies the applicant, and both sides get an opportunity to be heard before the matter is decided.
The result is that a compulsory licence proceeding looks much more like litigation than like a routine filing. Evidence, affidavits, pleadings and argument all feature, and the Controller's final decision can be appealed to the High Court under Section 117A. Applicants should plan for a contested timetable rather than a quick order.
Why this section matters
Anyone applying for a compulsory licence or for revocation for non-working, the patentee, and registered licensees or other interest holders on the register.
Immediately after an application under Section 84 or 85 is filed, and through to the final order.
A right to be heard for the patentee and other interested parties, and a duty on the Controller to filter, publish and hear before deciding.
An applicant who misses the one-month window to seek a hearing after a negative prima facie finding can have the application refused without any hearing at all.
How it works in practice
An opposition to a compulsory licence application
Ananya Rao runs Nirmal Water Systems Pvt Ltd in Nashik and applies for a compulsory licence over a patented arsenic-removal cartridge. The Controller studies her Form 17 and the supporting statement and finds a prima facie case: she has documented two refused licence requests, unmet demand in three districts, and her own manufacturing capacity. He directs her to serve copies on the patentee and on a company recorded in the register as an exclusive licensee, and the application is published in the Official Journal. The registered licensee files a notice of opposition on Form 14, saying it already supplies the affected districts and that Ananya's demand figures double-count government tenders. The patentee files its own opposition on pricing and working. Ananya is notified of both. Evidence and affidavits are exchanged, and the Controller hears all three parties before deciding. Had she instead received a negative prima facie notice, she would have had one month to ask for a hearing.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- The Controller first checks whether a prima facie case is made out before the application goes any further.
- If it is not, Rule 97 gives the applicant one month to request a hearing, failing which the application is refused.
- Once a prima facie case is found, the application must be served on the patentee and other registered interest holders and published in the Official Journal.
- Opposition is filed on Form 14 under Rule 98; check the current Rules for the exact time allowed.
- Both sides get an opportunity to be heard before the Controller decides.
- The final order can be appealed to the High Court under Section 117A.
Common mistakes and misunderstandings
- Filing a thin application and expecting to fix it later. The prima facie stage is decided on what you file, so the supporting statement and evidence must be complete from the start.
- Overlooking registered licensees and other interest holders when serving copies, which can delay or derail the proceeding.
- Treating the opposition period as flexible. It is set by the Rules, and late opposition may not be entertained.
- Assuming the Controller's order is the end of the matter. Either side can appeal to the High Court.
Connected provisions
Sections and rules are different kinds of law. A section is enacted by Parliament, while a rule is made by the Central Government using powers the Act grants. Keeping them apart shows which text you are reading and which of the two is more likely to have been revised recently.
Forms, deadlines and fees
Where a form is required, the Second Schedule to the Patents Rules prescribes it. Superseded versions circulate widely online, so download the current form from the Patent Office and check it against the rule before use.
- If the Controller finds no prima facie case, the applicant has one month from that notification to request a hearing under Rule 97.
- A notice of opposition must be filed within the period fixed by Rule 98; confirm the current period against the Rules in force.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
This site does not carry a fee table. The First Schedule to the Patents Rules is the source, the rates vary with the applicant's category and with the mode of filing, and a figure quoted second-hand goes out of date quietly. How Indian patent fees work.
Related judgments
Case summaries are published only after a qualified reviewer has checked the judgment, the citation and the way the holding is described. Nothing has cleared that review for this provision yet, so nothing is listed here. We would rather show no case note than one that misstates what a court decided. How case notes are prepared.
Questions people ask about Section 87
What does prima facie case mean here?
It means the application, taken at face value and without testing the patentee's answer, shows enough to justify a full proceeding. The Controller is not deciding whether the licence should be granted. He is deciding whether the applicant has set out an arguable case on at least one ground, has shown an interest, and has supported it with material such as licence correspondence, demand data, pricing information and proof of the applicant's own capacity. A bare assertion without documents usually fails at this stage.
Who can oppose a compulsory licence application?
The patentee is the obvious opponent, but it is not the only one. Any other person shown in the register as having an interest in the patent, such as a recorded licensee, assignee or mortgagee, may also oppose, which is why the section requires copies to be served on them. Opposition is filed on Form 14 under Rule 98 and must state grounds. Publication in the Official Journal also alerts others in the industry who may have standing to resist.
How long does a compulsory licence proceeding take?
There is no fixed period for a Section 84 application. Because the procedure includes a prima facie stage, service, publication, opposition, evidence and a hearing, and because the order can be appealed, these matters take substantially longer than an ordinary filing. Section 85 applications are different in one respect: the Act says they should ordinarily be decided within a year of presentation. Plan on a contested timetable and keep your evidence organised from the first filing.
Filing or opposing a compulsory licence application?
MYCrave prepares Section 87 pleadings, service and opposition papers so your case survives the prima facie stage and the hearing.
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