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working of patents and compulsory license - Coggle Diagram
working of patents and compulsory license
Terms and conditions of CL
License shall be non - exclusive
license is non assignable
Royalty and Remuneration to the patentee
Invention should be of affordable price
Short duration
invention should be workable in india
if needed , export permission
Working of Patent
Section 83
Use of invention on commercial level
securing Balance by govt
Patentee is required to inform controller about working
Third party can ask for compulsory license
incase of emergency , govt is free to use
information to controller relating to working of patented info
Section 146
Rule 131
At any time during continuance of patent controller can ask information on patent - patentee has to reply in 2 months - form 27
What is the purpose of form 27
Invention is available at affordable price
Invention should be worked in india
Patentee is able to satisfy the reasonable requirement of the public
Grant of CL in case of national Emergency
Section 92
Compulsory License
Compulsory license cases
Section 92
By Central Govt
Section 91
Related Patent
section 84
CL due to non working / unaffordable price
Defenses for non - working
demand is met
is available at affordable price
person is not interested
how Patentee can abuse his rights
Not meeting demands of Public
Refusing to grant the patent to work locally
Meeting demands by solely importing
imposing restrictive conditions on sale or use
Selling the product at an unaffordable price
imposing unreasonable terms on license
Grant of CL due to non working / unaffordable price
form 17
3 year after Grant
Requirement of public is not met
not available at affordable prices
not worked in india
while considering patent application
Ability of the applicant to work the invention to public advantage
capacity to tak risk
nature of invention and time lapsed
applicant efforts to take license
section 84(7) E
Reasonable requirement of Public is not met
Purpose of granting CL Section 98
Power of controller will be used to secure
Patented invention is worked to full extent
Interest of people is not prejudiced
Licensing of related patents section 91
when 2 or more patents are required to get license together to make the invention
Procedure of grant of CL U/S 92A
CL for manufacturing and export of patented pharma products to a country having insufficient or no manufacturing capacity
Termination of CL
Section 94
Form 21
Revision of Terms and Conditions
Section 88, Rule 100
Form 20
CL for manufacture and export of Pharma products
Article 31 of TRIPS
Export of drugs to the developed or least developed countries having no manufacturing capacity
national emergency ,extreme urgency , unaffordable pricing
Revocation of patent for non working
Section 85
Form 19