Section 85 – Revocation of Patents by Controller for non-working

  • 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 the applicant in such condition is not the Central Government, but is any person, he may state the reason or the nature of his interest behind filing such application
  • If the Controller is convinced on the above application based on the reasons mentioned as per the first point, he may pass an order to revoke the patent.
  • Such application for revoking a patent shall be processed within 1 year of its filing to the Controller.

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