General Considerations are patents are granted to encourage inventions and to provide security to the inventions that they are worked in India on a Commercial Scale to the fullest without delay; patents are not granted merely to enable monopolies to enjoy the importation of patented articles; Protection and enforcement of rights are to promote technological…
After 3 years from the date of grant of any patent, any person may make an application to the controller requesting for compulsory grant if, the patented invention has not fulfilled the requirements of the public; or the patented invention is not affordable for the public; or the patented invention is not working / worked…
After the grant of Compulsory license, 2 years from the date of such license grant; if the invention has still not solved the requirements of the public or found non working in India or not affordable to the public any person or the Central Government may apply to the Controller to revoke the Patent If…
If the Controller is convinced that the time after the patent was granted was not sufficient for the patentee to commercialize the invention to its fullest scale or make it worked within India or has not satisfied the requirements of the public; he may adjourn the application for Compulsory licenses for period not more than…
If the Controller is convinced that a Compulsory license shall be grant for a Patent as per the application filed; the Controller shall direct the applicant for Compulsory License to issue copies of that application to the Patentee and all other persons with regard to the patent as per the registry who hold interest in…
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…