THE PATENTS ACT, 1970

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 thereof to work the invention, it may make a declaration to that effect, bynotification in the Official Gazette, and thereupon the following provisions shall haveeffect, that is to say—(i) the Controller shall on application made at any time after the notification by anyperson interested, grant to the applicant a licence under the patent on such terms andconditions as he thinks fit;(ii) in settling the terms and conditions of a licence granted under this section, theController shall endeavour to secure that the articles manufactured under the patentshall be available to the public at the lowest prices consistent with the patenteesderiving a reasonable advantage from their patent rights.(2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant oflicences under this section as they apply in relation to the grant of licences under section84.(3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied onconsideration of the application referred to in clause (i) of sub-section (1) that it isnecessary in—(i) a circumstance of national emergency; or(ii) a circumstance of extreme urgency; or(iii) a case of public non-commercial use,which may arise or is required, as the case may be, including public health crises, relatingto Acquired Immuno Deficiency Syndrome, Human Immuno Deficiency Virus,tuberculosis, malaria or other epidemics, he shall not apply any procedure specified insection 87 in relation to that application for grant of licence under this section:Provided that the Controller shall, as soon as may be practicable, inform the patenteeof the patent relating to the application for such non-application of section 87. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 the firstmentioned patent on the ground that he is prevented or hindered without such licencefrom working the other invention efficiently or to the best advantage possible.(2) No order under sub-section (1) shall be made unless the Controller is satisfied—(i) that the applicant is able and willing to grant, or procure the grant to the patenteeand his licensees if they so desire, of a licence in respect of the other invention onreasonable terms; and(ii) that the other invention has made a substantial contribution to the establishment ordevelopment of commercial or industrial activities in the territory of India.(3) When the Controller is satisfied that the conditions mentioned in sub-section (1) have beenestablished by the applicant, he may make an order on such terms as he thinks fit granting alicence under the first mentioned patent and a similar order under the other patent if sorequested by the proprietor of the first mentioned patent or his licensee:Provided that the licence granted by the Controller shall be non-assignable exceptwith the assignment of the respective patents.(4) The provisions of sections 87, 88, 89 and 90 shall apply to licences granted under thissection as they apply to licences granted under section 84. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 by the patentee in making the inventionor in developing it and obtaining a patent and keeping it in force and other relevantfactors;(ii) that the patented invention is worked to the fullest extent by the person to whomthe licence is granted and with reasonable profit to him;(iii) that the patented articles are made available to the public at reasonably affordableprices;(iv) that the licence granted is a non-exclusive licence;(v) that the right of the licensee is non-assignable;(vi) that the licence is for the balance term of the patent unless a shorter term isconsistent with public interest;(vii) that the licence is granted with a predominant purpose of supply in the Indian marketand that the licensee may also export the patented product if need be in accordancewith the provisions of sub-clause (iii) of clause (a) of sub-section (7) of section 84;(viii) that in the case of semi-conductor technology, the licence granted is to work theinvention for public non-commercial use;(ix) that in case the licence is granted to remedy a practice etermined after judicial oradministrative process to be anti-competitive, the licensee shall be permitted toexport the patented product, if need be.(2) No licence granted by the Controller shall authorise the licensee to import the patentedarticle or an article or substance made by a patented process from abroad where suchimportation would, but for such authorisation, constitute an infringement of the rights ofthe patentee.(3) Notwithstanding anything contained in sub-section (2), the Central Government may, if inits opinion it is necessary so to do, in the public interest,direct the Controller at any time toauthorise any licensee in respect of a patent to import the patented article or an article orsubstance made by a patented process from abroad (subject to such conditions as itconsiders necessary to impose relating among other matters to the royalty and otherremuneration, if any, payable to the patentee, the quantum of import, the sale price of theimported article and the period of importation), and thereupon the Controller shall giveeffect to the directions. 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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 reasonably practicable;(b) that the interests of any person for the time being working or developing aninvention in the territory of India under the protection of a patent are not unfairlyprejudiced. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 of thepatented article or process, he may, subject to the provisions of that section, order thegrant of licences under the patent to such customers of the applicant as he thinks fit as wellas to the applicant.(2) Where an application under section 84 is made by a person being the holder of a licenceunder the patent, the Controller may, if he makes an order for the grant of a licence to theapplicant, order the existing licence to be cancelled, or may, if he thinks fit, instead ofmaking an order for the grant of a licence to the applicant, order the existing licence to beamended.(3) Where two or more patents are held by the same patentee and an applicant for acompulsory licence establishes that the reasonable requirements of the public have notbeen satisfied with respect to some only of the said patents, then, if the Controller issatisfied that the applicant cannot efficiently or satisfactorily work the licence granted tohim under those patents without infringing the other patents held by the patentee and ifthose patents involve important technical advancement of considerable economicsignificance in relation to the other patents, he may, by order, direct the grant of a licencein respect of the other patents also to enable the licensee to work the patent or patents inregard to which a licence is granted under section 84.(4) Where the terms and conditions of a licence have been settled by the Controller, thelicensee may, at any time after he has worked the invention on a commercial scale for aperiod of not less than twelve months, make an application to the Controller for therevision of the terms and conditions on the ground that the terms and conditions settledhave proved to be more onerous than originally expected and that in consequence thereofthe licensee is unable to work the invention except at a loss:Provided that no such application shall be entertained a second time. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 any other personappearing from the register to be interested in the patent in respect of which theapplication is made, and shall publish the application in the official journal.(2) The patentee or any other person desiring to oppose the application may, within such timeas may be prescribed or within such further time as the Controller may on application(made either before or after the expiration of the prescribed time) allow, give to theController notice of opposition.(3) Any such notice of opposition shall contain a statement setting out the grounds on whichthe application is opposed.(4) Where any such notice of opposition is duly given, the Controller shall notify the applicant,and shall give to the applicant and the opponent an opportunity to be heard beforedeciding the case, Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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) of section 84 and theController is satisfied that the time which has elapsed since the sealing of the patent has forany reason been insufficient to enable the invention to be worked on a commercial scale toan adequate extent or to enable the invention to be so worked to the fullest extent that isreasonably practicable, he may, by order, adjourn the further hearing of the application forsuch period not exceeding twelve months in the aggregate as appears to him tobe sufficient for the invention to be so worked:Provided that in any case where the patentee establishes that the reason why apatented invention could not be worked as aforesaid before the date of the applicationwas due to any State or Central Act or any rule or regulation made thereunder or any orderof the Government imposed otherwise than by way of a condition for the working of theinvention in the territory of India or for the disposal of the patented articles or of thearticles made by the process or by the use of the patented plant, machinery, or apparatus,then, the period of adjournment ordered under this sub-section shall be reckoned from thedate on which the period during which the working of the invention was prevented by suchAct, rule or regulation or order of Government as computed from the date of theapplication, expires.(2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfiedthat the patentee has taken with promptitude adequate or reasonable steps to start theworking of the invention in the territory of India on a commercial scale and to an adequateextent. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 that the patented invention has not been worked in the territory of India or thatreasonable requirements of the public with respect to the patented invention has notbeen satisfied or that the patented invention is not available to the public at a reasonablyaffordable price.(2) Every application under sub-section (1) shall contain such particulars as may beprescribed, the facts upon which the application is based, and, in the case of an applicationother than by the Central Government, shall also set out the nature of the applicant’sinterest.(3) The Controller, if satisfied that the reasonable requirements of the public with respect tothe patented invention have not been satisfied or that patented invention has not beenworked in the territory of India or that the patented invention is not available to the publicat a reasonably affordable price, may make an order revoking the patent.(4) Every application under sub-section (1) shall ordinarily be decided within one year of itsbeing presented to the Controller. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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 have not been satisfied,or(b) that the patented invention is not available to the public at a reasonably affordableprice, or(c) that the patented invention is not worked in the territory of India.(2) An application under this section may be made by any person notwithstanding that he isalready the holder of a licence under the patent and no person shall be estopped fromalleging that the reasonable requirements of the public with respect to the patentedinvention are not satisfied or that the patented invention is not worked in the territoryof India or that the patented invention is not available to the public at a reasonablyaffordable price by reason of any admission made by him, whether in such a licence orotherwise or by reason of his having accepted such a licence.(3) Every application under sub-section (1) shall contain a statement setting out the natureof the applicant’s interest together with such particulars as may be prescribed and thefacts upon which the application is based.(4) The Controller, if satisfied that the reasonable requirements of the public with respectto the patented invention have not been satisfied or that the patented invention is notworked in the territory of India or that the patented invention is not available to thepublic at a reasonably affordable price, may grant a licence upon such terms as he maydeem fit.(5) Where the Controller directs the patentee to grant a licence he may, as incidentalthereto, exercise the powers set out in section 88.(6) In considering the application field under this section, the Controller shall take intoaccount,—(i) the nature of the invention, the time which has elapsed since the sealing of the patentand the measures already taken by the patentee or any licensee to make full use ofthe invention;(ii) the ability of the applicant to work the invention to the public advantage;(iii) the capacity of the applicant to undertake the risk in providing capital and workingthe invention, if the application were granted;(iv) as to whether the applicant has made efforts to obtain a licence from the patenteeon reasonable terms and conditions and such efforts have not been successfulwithin a reasonable period as the Controller may deem fit:Provided that this clause shall not be applicable in case of national emergency or othercircumstances of extreme urgency or in case of public non-commercial use or onestablishment of a ground of anticompetitive practices adopted by the patentee,but shall not be required to take into account matters subsequent to the making of theapplication.Explanation.—For the purposes of clause (iv), “reasonable period” shall be construed asa period not ordinarily exceeding a period of six months.(7) For the purposes of this Chapter, the reasonable requirements of the public shall be deemednot to have been satisfied—(a) if, by reason of the refusal of the patentee to grant a licence or licences onreasonable terms,—(i) an existing trade or industry or the development thereof or the establishmentof any new trade or industry in India or the trade or industry of any personor class of persons trading or manufacturing in India is prejudiced; or(ii) the demand for the patented article has not been met to an adequate extentor on reasonable terms; or(iii) a market for export of the patented article manufactured in India is not beingsupplied or developed; or(iv) the establishment or development of commercial activities in India isprejudiced; or(b) if, by reason of conditions imposed by the patentee upon the grant of licencesunder the patent or upon the purchase, hire or use of the patented article orprocess, the manufacture, use or sale of materials not protected by the patent, orthe establishment or development of any trade or industry in India, is prejudiced; or(c) if the patentee imposes a condition upon the grant of licences under the patent toprovide exclusive grant back, prevention to challenges to the validity of patent orcoercive package licensing; or(d) if the patented invention is not being worked in the territory of India on acommercial scale to an adequate extent or is not being so worked to the fullestextent that is reasonably practicable; or(e) if the working of the patented invention in the territory of India on a commercialscale is being prevented or hindered by the importation from abroad of thepatented article by—(i) the patentee or persons claiming under him or(ii) persons directly or indirectly purchasing from him; or(iii) other persons against whom the patentee is not taking or has not takenproceedings for infringement. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration

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 to the fullest extent that isreasonably practicable without undue delay;(b) that they are not granted merely to enable patentees to enjoy a monopoly for theimportation of the patented article;(c) that the protection and enforcement of patent rights contribute to the promotion oftechnological innovation and to the transfer and dissemination of technology, to themutual advantage of producers and users of technological knowledge and in amanner conducive to social and economic welfare, and to a balance of rights andobligations;(d) that patents granted do not impede protection of public health and nutrition andshould act as instrument to promote public interest specially in sectors of vitalimportance for socio-economic and technological development of India;(e) that patents granted do not in any way prohibit Central Government in takingmeasures to protect public health;(f) that the patent right is not abused by the patentee or person deriving title orinterest on patent from the patentee, and the patentee or a person deriving title orinterest on patent from the patentee does not resort to practices whichunreasonably restrain trade or adversely affect the international transfer oftechnology; and(g) that patents are granted to make the benefit of the patented invention available atreasonably affordable prices to the public. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta