- 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 the Controller shall proceed upon as follows,
- anyone who applies for a Compulsory License for the patent shall be granted the license binding to the terms and conditions as the controller thinks right,
- the terms and conditions shall be made with the aim that, upon manufacturing and selling the patented inventions, it should be available at lowest prices to the public to get benefited while the patentee also gets a reasonable advantage.
- The conditions stated in sections 83, 87,88,89 and 90 for grant of Compulsory License to any applicant shall apply to the grant of license under this section also as applicable in adherence to section 84.
- If the Controller is convinced upon the necessity, on consideration of the application, that it is
- a national emergency situation; or
- an extreme urgency situation; or
- a public non-commercial use situation; such as treating HIV, AIDS, TB, Malaria or any epidemic diseases, no procedures mentioned in section 87 (patentee opposing a compulsory license application) shall be followed to grant that application for Compulsory License under this section; provided the patentee is informed about the non application of provisions under section 87 for opposition of Compulsory License as early as possible.