Compulsory Licensing of Patents in Mumbai, India
- Home
- Compulsory Licensing of Patents in Mumbai, India
The Compulsory Licensing of Patents in India is a legal mechanism under the Indian Patents Act, 1970, that allows the government or authorised third parties to use a patented invention without the consent of the patent holder. This system balances public interest with the rights of patent owners, ensuring access to essential products, especially in sectors like pharmaceuticals, healthcare, and technology. Globally, patent compulsory licensing has been recognised as a safeguard to prevent abuse of exclusive rights and to make sure inventions serve the greater public good.
The legal framework for Patent Compulsory Licensing in India is governed by Sections 84 to 92 of the Indian Patents Act, 1970. These provisions clearly outline the conditions under which a compulsory licence of a patent may be granted.
Key Legal Provisions
A compulsory licence of patent in India is granted only under specific conditions. These are carefully designed to protect innovation while ensuring access.
Common Grounds for Granting a Compulsory Licence
The procedure for compulsory licensing of patents in India involves several legal steps. Applicants must approach the Controller General of Patents, Designs, and Trade Marks (CGPDTM) with a detailed application.
Applicants must provide extensive documentation to support the request for a compulsory licence in patent cases.
Key Documents
The compulsory licensing of patents in India serves multiple economic and social purposes.
While patent compulsory licensing is an effective legal tool, it also poses challenges. Patent holders often argue that it discourages innovation and reduces commercial incentives. On the other hand, governments must balance patent protection with wider public interest. Thus, each case requires careful legal evaluation.
Compulsory licence of patents is not unique to India. It is recognised under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which allows member countries to issue compulsory licences under certain conditions. Several nations have used this tool to ensure access to critical healthcare and technology. India’s framework is considered one of the most balanced globally.
Navigating the procedure for compulsory licensing of patents requires legal expertise, strategic documentation, and representation before the patent authorities. Our team provides comprehensive support to clients globally, from evaluating eligibility to preparing applications and representing matters before the Patent Office. We ensure compliance with all statutory requirements while protecting the client’s commercial interests.
If you are exploring options for Patent Compulsory Licensing in India, expert guidance can make the difference between success and rejection. Our legal professionals offer end-to-end assistance tailored to your needs. Contact us today to discuss your requirements.
Compulsory licensing allows authorised third parties to use a patented invention without the patent holder’s consent, under conditions specified by law.
It can be granted if the invention is not available at an affordable price, the public’s requirements are not met, or the patent is not worked in India.
A compulsory licence may be applied for after three years from the date of grant of the patent.
The Controller General of Patents, Designs, and Trade Marks has the authority to grant compulsory licences.
Yes, It is recognised under the TRIPS Agreement and used by many countries to balance innovation with public interest.