Section 92 of the Patents Act, 1970, provides a summary mechanism under which a compulsory licence (CL) may be issued by the Controller of Patents pursuant to a notification by the central government.
Section 92(1) provides that if the government is satisfied, “in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use,” that a CL should be granted, “it may make a declaration to that effect, by notification in the Official Gazette”.
Section 92(1) further provides that: “(i) the Controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit; (ii) in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights”.
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J Sai Deepak is an associate partner at Saikrishna & Associates. The views expressed in this article are personal.
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