Patents Rules · Chapter XIII

Compulsory Licence and Revocation of Patent

Chapter XIII of the Patents Rules, 2003 contains 7 rules. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the sections it connects to.

Ch I Ch II Ch III Ch IV Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI

Rules in this chapter

In force

Omitted

96–102

Rule numbers

96Application for compulsory licence, etc.Sets out the form and contents of an application to the Controller for a compulsory licence or for revocation of a patent for non-working.
97When a prima facie case is not made outRequires the Controller to notify an applicant when no prima facie case is made out and to hear the applicant before refusing.
98Notice of opposition under section 87(2)Sets out how a patentee or other interested person opposes a published compulsory licence application by filing a notice of opposition.
99Manner of publication of the revocation orderSets out how the Controller's order revoking a patent for non-working under section 85 is made public.
100Application under section 88(4)Explains how a compulsory licensee applies to the Controller to revise licence terms that have proved too onerous under section 88(4).
101Procedure to be followed in case of applications under section 88(4)Lays down the notice, opposition, evidence and hearing steps the Controller follows on a section 88(4) revision application.
102Application for termination of compulsory licence under section 94Sets out how a patentee or interested person applies to terminate a compulsory licence under section 94.