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Patents Act, 1970


84. Compulsory licenses

(1) At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller alleging at the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price and praying for the grant of a compulsory license to work the patented invention.

(2) An application under this section may be made by any person notwithstanding that he is already the holder of a license under the patent and no person shall be stopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available to the public at a reasonable price by reason of any admission made by him, whether in such a license or otherwise or by reason of his having accepted such a license.

(3) Every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based.

(4) In considering the application filed under this section the Controller shall take into account the matters set out in section 85.

(5) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a license upon such terms as he may deem fit.

(6) Where the Controller directs the patentee to grant a licensee he may as incidental thereto exercise the powers set out in section 93.



Patents Act, 1970 Back




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