Revocation of patents by the Controller for non-working
(1) Where, in respect of a
patent, a compulsory licence has been granted, the Central Government or any person
interested may, after the expiration of two years from the date of the order granting the
first compulsory licence, apply to the Controller for an order revoking the patent on the
ground that the patented invention has not been worked in the territory of India or that
reasonable requirements of the public with respect to the patented invention has not
been satisfied or that the patented invention is not available to the public at a reasonably
affordable price.
(2) Every application under sub-section (1) shall contain such particulars as may be
prescribed, the facts upon which the application is based, and, in the case of an application
other than by the Central Government, shall also set out the nature of the applicant’s
interest.
(3) The Controller, if satisfied that the reasonable requirements of the public with respect to
the patented invention have not been satisfied or that patented invention has not been
worked in the territory of India or that the patented invention is not available to the public
at 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 its
being presented to the Controller.
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