Form 17 has to be filed by any person who is willing to obtain a compulsory license, granted by the Controller in order to perform or use an invention patented by any person / entity.
Conditions and Reasons based on which an Application for Compulsory License shall be filed:
- Can be filed only after expiry of 3 Years from the date of grant.
- If the patent (product) has not reasonably met the requirements of the public with requirement.
- If the Patented invention is not affordable.
- If the Patented invention has not worked in India.
- If the patentee has hindered the right to work on any other patented invention by not providing a license
- If a person able to manufacture and supply the invention make such an application after the Central Government is convinced that the patented invention is required on a national emergency or public non-commercial use and issues a notification for the same.
- If a person able to manufacture and export a patented pharmaceutical drug or product to any country with no or less infrastructure to manufacture and supply its citizens for addressing the public health issues.
Details to be entered in Form 18:
- Name, Address and Nationality of Applicant(s):
- Patent No.:
- Date of Grant:
- Reason for Applying for a Compulsory License:
- Evidence supporting the reason mentioned:
- Address for service in India.
For more details refer,
- Section 84(1) – Compulsory Licenses
- Section 91 – Licensing of Related Patents
- Section 92(1) – Special Provision for Compulsory Licenses on notification by Central Government.
- Section 92A – A Compulsory License for Export of Patented Pharmaceutical Products in certain Exceptional Circumstances.
- Rule – 96 – Application for Compulsory License Etc.,