Rule 96 of the Patents Rules, 2003
Application 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.
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.
Read this as a plain-language summary. If it and the official text, or a relevant Gazette notification, say different things, the official text and the notification are what count.
What this rule requires, step by step
The Act allows an interested person to ask the Controller to force a patentee to license an invention, or in a stronger case to revoke the patent for non-working. Section 84 covers the ordinary compulsory licence, section 85 revocation for non-working, section 91 licensing of related patents, and section 92 special licences after a notification by the Central Government, including for exports in public health situations. Rule 96 tells an applicant how to bring such a case.
The application is made on the prescribed form, Form 17 for a compulsory licence and Form 19 for revocation of a patent for non-working, with the fee set in the First Schedule. It must state the nature of the applicant's interest, the facts on which the application is based, and the terms and conditions of the licence the applicant is asking for.
Those three requirements decide most cases before they begin. The applicant's interest must be real: a manufacturer with capacity, an importer with a supply chain, a hospital chain facing supply problems. The facts must engage the statutory grounds, which under section 84 are that the reasonable requirements of the public are not satisfied, that the invention is not available at a reasonably affordable price, or that it is not worked in the territory of India. Evidence is what carries this: demand figures, refusal or non-response to a licence request, pricing comparisons, working information from statements filed under section 146.
The terms sought matter too. An applicant who asks for a licence must set out what royalty, territory, duration and quality obligations it proposes. A vague request invites refusal, while a considered proposal shows the Controller that the applicant can actually supply the market. Timing is also governed by the Act: an application under section 84 can generally be made only after three years from the date of grant of the patent.
Why this rule matters
Manufacturers, importers, health institutions and other interested persons who need access to a patented invention, and patentees who must be ready to respond.
After the statutory waiting period, when a patented invention is unavailable, unaffordable or not worked in India.
The route to apply for a compulsory licence or for revocation for non-working, and the duty to plead interest, facts and proposed terms.
A poorly prepared application fails the prima facie stage and is refused, and the applicant loses time and credibility.
How it works in practice
A hospital supplier seeks a licence
A Nagpur medical device maker wants to produce a patented dialysis filter. Imports are irregular, hospitals in the region report waiting lists, and the patentee has not replied to two written licence requests over eleven months. More than three years have passed since the patent was granted. The company applies to the Controller on Form 17 with the prescribed fee. Its application sets out its interest, describing its manufacturing capacity, its regulatory approvals and its existing hospital supply contracts. It then sets out the facts: procurement records from four hospitals showing unmet demand, evidence of the unanswered licence requests, price comparisons with other markets, and the patentee's own working information on record. Finally it proposes concrete terms, offering a running royalty on net sales, a defined territory, quality obligations and a duty to keep sales records open to audit. The patentee will have its say once the application is published, but the application is at least framed in a way that lets the Controller test it properly.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Applications under sections 84, 85, 91 and 92 are made on the prescribed form, Form 17 or Form 19 as applicable.
- The application must state the applicant's interest, the supporting facts and the terms of the licence sought.
- Section 84 grounds are unmet public requirements, unaffordable price, or the invention not being worked in India.
- A compulsory licence application under section 84 can generally be made only after three years from grant.
- Evidence of a prior attempt to obtain a licence on reasonable terms is normally expected.
- Working information filed by patentees under section 146 is often key evidence.
Common mistakes and misunderstandings
- Filing before the statutory waiting period has passed, which makes the application premature.
- Claiming interest without showing capacity to supply the market. The Controller looks for a real ability to work the invention.
- Omitting proposed terms and expecting the Controller to design the licence from nothing.
- Assuming a compulsory licence is a way to get a low-cost licence quickly. These are contested, evidence-heavy proceedings.
Connected provisions
This page explains a rule of the Patents Rules, 2003. A rule does not stand on its own; it works out a duty or a power that the Patents Act, 1970 has already created. The parent sections are listed separately so you can read the source of that authority.
Forms, deadlines and fees
Prescribed forms sit in the Second Schedule to the Patents Rules. The Schedule is updated along with the Rules, so the safe practice is to download the form on the day you prepare it and check that it is the current version.
- An application for a compulsory licence under section 84 can generally be made only after three years from the date of grant of the patent.
- Applications under section 92 follow a Central Government notification and have their own footing, so check the terms of the notification.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
The official fee for anything described on this page is set out in the First Schedule to the Patents Rules. It is not the same for every applicant, and it is not the same for online and physical filing, which is why no amount is stated here. How Indian patent fees work.
Amendment history
What changed in this provision, newest first. Read the footnotes in the official consolidated text for the full record.
- 2005The Patents (Amendment) Rules, 2005The rule was rewritten to match the reworked chapter on compulsory licences, setting out the forms and the contents required in an application to the Controller.
Compiled from official consolidated texts and Gazette notifications. See the site-wide change log.
Related judgments
Case law is added slowly and deliberately. A summary is drafted, checked against the reported judgment and then reviewed before publication, because a wrong case note can mislead a reader badly. No summary for this provision has reached publication yet. How case notes are prepared.
Questions people ask about Rule 96
Which form is used to apply for a compulsory licence in India?
Form 17 is the application to the Controller for a compulsory licence under the relevant provisions, and Form 19 is used for an application to revoke a patent for non-working under section 85. Each is filed with the fee prescribed in the First Schedule. The form is only the wrapper; the substance is the accompanying statement of the applicant's interest, the facts relied on and the terms and conditions of the licence sought.
When can a compulsory licence be applied for?
Under section 84 an interested person may apply at any time after three years from the date of grant of the patent, on the grounds that the reasonable requirements of the public with respect to the invention have not been satisfied, that it is not available to the public at a reasonably affordable price, or that it is not worked in the territory of India. Applications under section 92 arise differently, following a notification by the Central Government in circumstances such as a national emergency or extreme urgency.
Do I need to ask the patentee for a licence first?
Yes, in substance. The Controller considers whether the applicant made efforts to obtain a licence from the patentee on reasonable terms and conditions and that those efforts did not succeed within a reasonable period. So a documented request, a reasonable offer and a record of the reply or of silence are important parts of the case. Keep the correspondence, because it becomes evidence. The requirement can be relaxed in circumstances such as those covered by section 92.
What evidence is most useful in these applications?
Anything that shows the gap between demand and supply and the applicant's ability to fill it. Useful material includes procurement or tender records showing unmet demand, import and sales data, price comparisons across markets, expert evidence on manufacturing capacity, regulatory approvals held by the applicant, the correspondence seeking a voluntary licence, and the patentee's own statements about working the invention filed under section 146.
Blocked by a patent that is not being worked?
MYCrave Consultancy assesses compulsory licence prospects and prepares Form 17 and Form 19 applications with evidence.
You will be speaking with MYCrave Consultancy & Services, the firm that operates this platform. General questions are answered free; matter‑specific work is quoted before anything is done.