As per section 84, if the Controller is convinced that the patentee is imposing or has imposed conditions upon a person using or requesting for using the license of the patent (the applicant of compulsory license) to manufacture, use or sell any materials which are not actually protected by the patent for the purpose of…
Powers of Controller to grant Compulsory Licenses shall be executed with the view to secure the following purposes in general that, The patented inventions are worked and made available to the public in commercial scale without any delay and to the fullest possible extent, and The interests or intentions of any person working in developing…
Upon setting the terms and conditions of a Compulsory License, the Controller shall try to secure the following conditions that, any reasonable royalty and other monetary settlements reserved to the Patentee or other persons entitled to the Patent with regard to the nature of the invention, efforts made and expenses incurred by the patentee in…
At Anytime after grant of a Patent, the patentee or the licensee with a right to work on those patented inventions which are improvements or advancements of a first invention, may file an application to the Controller to grant a license for the first invention also, stating the valid reason on how not holding the…
If the Central Government is convinced that a patented invention is most useful in cases of national emergency situation or extreme urgency or for public non-commercial use and compulsory licenses should be granted to work the invention in effect, it may declare the invention to that effect by notification in the official Gazette following and…
Compulsory Licence shall be given for manufacturing and exporting certain pharmaceutical products to any country that has no or less manufacturing capacity to produce and address the public health problem of that country, if the other country has also granted a compulsory license for the patent or has allowed the import of those patented pharmaceutical…
Any order for grant of a license or Compulsory License shall operate and be executed as if it were a deed between two parties [patentee(s) and licensee(s)] under the terms and conditions finally settled.
If the patentee or any person with title or interest in a patent for which a Compulsory License was granted files an application to the Controller that, the purpose for which the Compulsory License was granted was not fulfilled by the licensee and the same shall not recur and if the Controller is convinced with…
These sections are omitted by the Patents Amendment Act, 2002 with effect from 20/05/2003.
An Invention shall be said to be used for the purposes of Government if the Invention or patent is manufactured, used or vended for the purposes of the State or Central Governments or any Government undertakings. No conditions specified under section 47 shall be applicable under the use of an invention or a patent by…