Compulsory Licensing

🔺Compulsory Licensing (CL) allows governments to license third parties (that is, parties other than the patent holders) to produce and market a patented product or process without the consent of patent owners.

Any time after three years from date of sealing of a patent, application for compulsory license can be made, provided:

-Reasonable requirements of public have not been satisfied;

-Patented invention is not available to public at a reasonably affordable price;

-Patented inventions are not carried out in India.

Compulsory Licencing is regulated under the Indian Patent Act, 1970.

🔺Section 3(d) of the Indian Patent Act 1970 (as amended in 2005) does not allow patent to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy.

This means that the Indian Patent Act does not allow evergreening of patents.

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