Section 84 Patents Act 1970 provides for COMPULSORY LICENCE. An applic…

Question

Section 84 Patents Act 1970 provides for COMPULSORY LICENCE. An application can be made on which grounds?

Accepted Answer

C. reasonable requirements of public have not been satisfied; (b) the patented invention is not available at a reasonably affordable price; or (c) the patented invention is not worked in the territory of India

1. Section 84(1) Patents Act 1970: at any time after the expiration of 3 years from the date of grant of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds: (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied; (b) that the patented invention is not available to the public at a reasonably affordable price; (c) that the patented invention is not WORKED in the territory of India.
2. The first compulsory licence in India was granted in March 2012 in Natco Pharma v. Bayer Corporation (Bayer's Nexavar cancer drug) on all three grounds.
3. Sections 90-93 prescribe terms and conditions, royalty, etc.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 84_

Answer

only on grounds of national security as declared by Central Government in writing (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84)

Answer

only on grounds that the patent holder has not paid renewal fees in time (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84)

Answer

only on grounds of revocation under Section 64 of the Patents Act 1970 (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84) (cf. Patents Act 1970, Section 84)