- 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 12 months in aggregate as he thinks the time would be sufficient.
- In case the reason stated by the patentee for not working of an invention in India within the time span prescribed is due to the laws or regulations or orders of the state or central government imposed and such order or law does not completely inhibit the use or manufacture or business of the product or process but has just laid certain guidelines to make the patent work in India, the period of adjournment shall be recalculated from the date on which the working of the invention was prohibited by such act, as calculated from the date of expiry of application.
- No order for adjournment shall be passed by the Controller, until he is convinced that the patentee has already taken reasonable steps to commercialize or scale up the commercialization within the territory of India to an adequate extent.