| Patents are granted to encourage the inventors | | | | commercial activities in India; |
| to disclose their inventions and also to grant them | | | | (ii) Prejudice to the establishment or |
| monopolistic right to exploit the invention. The | | | | development of trade or industry in India in goods |
| objective of Patent Grant in India is to ensure | | | | not protected by the patent arising from |
| that the inventions are worked in India on a | | | | restrictive conditions imposed by the patentee; |
| commercial scale and to the fullest extent without | | | | (iii) Non-working of the patent in India on a |
| any undue delay. | | | | commercial scale; |
| Accordingly, any interested person after expiry of | | | | (iv) Demand for the patented articles being |
| 3 years from grant of patent even though if he is | | | | met by importation from abroad; and |
| a license under the patent, may make an | | | | (v) Commercial working of the patented |
| application to the Controller for grant of | | | | invention in India being hindered or prevented by |
| compulsory license on the grounds that: | | | | import of the patented articles from abroad. |
| (a) the reasonable requirements of the | | | | Grant of Compulsory license is for the remaining |
| public with respect to the patented invention have | | | | term of patent unless a shorter period looks |
| not been satisfied; and | | | | reasonable and required in case to the Controller. |
| (b) the patented invention is not available | | | | Further, it is to be noted that while granting the |
| to the public at a reasonable price. | | | | license the Controller shall take into account the |
| (c) the invention is not worked | | | | nature of invention, time elapsed, ability of |
| commercially to fullest extent in territory of India. | | | | applicant, his efforts for obtaining a license on |
| The circumstances constituting "failure to meet | | | | reasonable terms. While granting a compulsory |
| the reasonable requirements'' of public in respect | | | | license reasonable royalty is also paid to the |
| of a patent are as follows: | | | | patentee having regard to nature of Invention, its |
| (i) Inadequate manufacture in India or | | | | utility, expenses incurred in maintaining patent |
| failure to grant licenses on reasonable terms with | | | | grant in India and other factors. |
| in a period of 6 months form applying by the | | | | Normally request for grant of Compulsory License |
| applicant resulting in: | | | | is published and Patentee and other interested |
| (a) Prejudice to an existing trade or | | | | persons are afforded reasonable opportunity to |
| industry or its development, | | | | defend the grant. But in case of national |
| (b) Prejudice to the establishment of a | | | | emergency and other urgent condition in public |
| new trade or industry in India, | | | | interest the Controller may first grant the License |
| (c) Prejudice to the trade or industry of | | | | and then notify the Patentee and other interested |
| any person or class of persons, | | | | persons. |
| (d) Demand for the patented article not | | | | Under special circumstances of medical |
| being met adequately by local manufacture, | | | | emergency supported by notification by foreign |
| (e) Failure to develop an export market | | | | country in this regard controller may grant |
| for the patented articles made in India, | | | | compulsory license to meet the medical |
| (f) Prejudice to the establishment of | | | | emergency in that country. |