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, is
made on the grounds that the patented invention has not been worked in the territory of
India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the
Controller is satisfied that the time which has elapsed since the sealing of the patent has for
any reason been insufficient to enable the invention to be worked on a commercial scale to
an adequate extent or to enable the invention to be so worked to the fullest extent that is
reasonably practicable, he may, by order, adjourn the further hearing of the application for
such period not exceeding twelve months in the aggregate as appears to him to
be sufficient for the invention to be so worked:
Provided that in any case where the patentee establishes that the reason why a
patented invention could not be worked as aforesaid before the date of the application
was due to any State or Central Act or any rule or regulation made thereunder or any order
of the Government imposed otherwise than by way of a condition for the working of the
invention in the territory of India or for the disposal of the patented articles or of the
articles 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 the
date on which the period during which the working of the invention was prevented by such
Act, rule or regulation or order of Government as computed from the date of the
application, expires.
(2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied
that the patentee has taken with promptitude adequate or reasonable steps to start the
working of the invention in the territory of India on a commercial scale and to an adequate
extent.
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