CHAPTER XI

COMPULSORY LICNECES ENDORSEMENT OF PATENTS WITH THE WORDS " LICENCES OF RIGHT " AND REVOCATION.

80. Application for compulsory licence etc.--An application to the Controller for an order under section 84, section 86, section 89, section 96, or section 97 shall be in ¹²[Form 18, Form 19 and Form 20], as the case may be. Except in the case of an application made by the Central Government, the application shall set out the nature of the applicant's interest and the terms and conditions of the licence the applicant is willing to accept.

81. When a prima facie case is not made out-- (1) If, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order under any of the sections referred to in rule 80, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month of the date of such notification, the Controller shall refuse the application.

2. If the applicant requests for a hearing within the time allowed under sub-rule (1), the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or whether it shall be refused.

82. Notice of opposition under section 92(2)-- (1) A notice of opposition under sub-section (2) of section 92 shall be given in ¹²[Form 14] in duplicate and shall be sent to the Controller within two months from the date of the advertisement of the application under sub-section (1) of the said section.

(2) The notice of opposition referred to in sub-rule (1) shall include the terms and conditions of the licence, if any, the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support of the opposition.

(3) The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such service has been effected.

(4) No further statement or evidence shall be delivered by either party except by leave of or on requisition by the Controller.

(5) The Controller shall thereafter appoint a date and time for the hearing of the case and shall give the parties not less than ten days' notice of such hearing.

(6) the procedure specified in sub-rules(2) to (5) of rule 44, shall so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of the opposition to the grant of patents.

83. Manner of application under section 88(2)-- (1) An application under sub-section (2) of section 88 for settling the terms of the licence shall be made in ¹²[Form 21] in duplicate and shall be accompanied by a statement of negotiations made between the applicant and the other party and the terms and conditions of the licence the applicant is willing to accept.
84. Manner of applying under Section 88(4) - (1) An application under sub-section (4) of section 88 for permission to work the patented invention shall be in Form 48 in duplicate and shall contain the reasons for making the application and the terms under which he would work the patented invention pending agreement with the patentee or decision by the Controller. The applicant shall file evidence in support of the application, if the Controller so directs.

2. The Controller shall forward a copy of the application and evidence, if any, to the patentee and direct him to file within such time not exceeding one month a statement containing the terms of the licence he is willing in grant or the term under which the Controller may allow the applicant to work the patented invention pending agreement with the applicant.

(3) The Controller after hearing the parties may direct them to execute a licence if they mutually agree on the terms and conditions of the same or permit the applicant to work the patented invention on such terms as he may think fit to impose.

83. Manner of advertisement of the revocation order. - The Controller shall advertise in the Official Gazette the order made by him under sub-section (3) of Section 89 revoking a patent.
84. Application under section 93(5). - (1) An application under sub-section (5) of Section 93 for the revision of the terms and conditions of a licence which have been settled by the Controller shall be in Form 49 in duplicate and shall state the facts relied upon by the applicant and the relief he seeks and shall be accompanied by evidence in support of the application;

2. If the Controller is satisfied that a prima facie case has not been made out for the revision of the terms and conditions of the licence, he may notify the applicant accordingly and unless within a month the applicant requests to be heard in the matter the Controller may refuse the application;
3. The Controller after giving the applicant an opportunity of being heard shall determine whether the application shall be proceeded with or whether the application shall be refused.

83. Procedure to be followed in case of applications under Section 93(5).-

1. If the Controller allows the application to be proceeded with he shall direct the applicant to serve copies of the application and of the evidence in support thereof upon the patentee or any other person appearing in the register to be interested in the patent or upon any other person on whom in his opinion such copies should be so served.
2. The applicant shall inform the Controller the date on which the service of copies of application and of the evidence on the patentee and other persons referred to in sub-rule (1) has been effected.
3. The patentee of any other person on whom copies of the application and of the evidence have been served, may given to the Controller notice of opposition in Form 46 fin duplicate within two months from the date of such service. Such notice shall contain the grounds relied upon by the opponent and shall be accompanied by evidence in support of the opposition;
4. The opponent shall serve copies of the notice of opposition and his evidence on the applicant and inform the Controller the date on which such service has been effected.
5. No further evidence or statement shall be filed by either party without special leave of or on requisition by the Controller.
6. On completion of the above proceedings or at such other time as he may deem fit, the Controller shall appoint a date and the tie for the hearing of the case and shall give the parties not less than ten days notice of such hearing.
7. The procedure specified in sub-rule (2) to (5) of rule 44 shall, so far as may be, apply to the procedure for hearing of opposition to the grant of a patent.
8. If the Controller decides to revise the terms and conditions of licence he shall amend the licence granted to the applicant in such manner as he may deem necessary.

1.Vide Not. No. S.O. 301(E), dated 20-04-1972, published in GOI(E), dated 20-04-1972, p.p 735-805.