Special provision for compulsory licences on notifications by Central Government. —(1) Ifthe Central Government is satisfied, in respect of any patent in force in circumstances ofnational emergency or in circumstances of extreme urgency or in case of public noncommercial use, that it is necessary that compulsory licenses should be granted at any timeafter the sealing […]

Licensing of related patents —(1) Notwithstanding anything contained in the otherprovisions of this Chapter, at any time after the sealing of a patent, any person who hasthe right to work any other patented invention either as patentee or as licensee thereof,exclusive or otherwise, may apply to the Controller for the grant of a licence of

Terms and conditions of compulsory licences (1) In settling the terms and conditions of alicence under section 84, the Controller shall endeavour to secure—(i) that the royalty and other remuneration, if any, reserved to the patentee or otherperson beneficially entitled to the patent, is reasonable, having regard to the natureof the invention, the expenditure incurred

General purposes for granting compulsory licences The powers of the Controller uponan application made under section 84 shall be exercised with a view to securing thefollowing general purposes, that is to say,—(a) that patented inventions are worked on a commercial scale in the territory of Indiawithout undue delay and to the fullest extent that is

Powers of Controller in granting compulsory licences —(1) Where the Controller is satisfiedon an application made under section 84 that the manufacture, use or sale of materials notprotected by the patent is prejudiced by reason of conditions imposed by the patenteeupon the grant of licences under the patent, or upon the purchase, hire or use

Procedure for dealing with applications under sections 84 and 85 — (1) Where theController is satisfied, upon consideration of an application under section 84, Or section 85,that a prima facie case has been made out for the making of an order, he shall direct theapplicant to serve copies of the application upon the patentee and

Power of Controller to adjourn applications for compulsory licences, etc., in certain cases —(1) Where an application under section 84 or section 85, as the case may be, ismade on the grounds that the patented invention has not been worked in the territory ofIndia or on the ground mentioned in clause (d) of sub-section (7)

Revocation of patents by the Controller for non-working (1) Where, in respect of apatent, a compulsory licence has been granted, the Central Government or any personinterested may, after the expiration of two years from the date of the order granting thefirst compulsory licence, apply to the Controller for an order revoking the patent on theground

Compulsory licences (1) At any time after the expiration of three years from the date ofthe grant of a patent, any person interested may make an application to the Controllerfor grant of compulsory licence on patent on any of the following grounds, namely:—(a) that the reasonable requirements of the public with respect to the patentedinvention

General principles applicable to working of patented inventions Without prejudice tothe other provisions contained in this Act, in exercising the powers conferred by thisChapter, regard shall be had to the following general considerations, namely;—(a) that patents are granted to encourage inventions and to secure that the inventionsare worked in India on a commercial scale and