Section 84(7) Patents Act 1970 lists factors for determining whether 'reasonable requirements of the public' have been satisfied for COMPULSORY LICENCE. Which is NOT a listed factor?
Awhether the patentee is a foreign national resident outside of India
Bwhether the demand for the patented article is met by importation
Cwhether the patented invention is worked in the territory of India to an adequate extent
Dwhether the patentee refuses to grant licences on reasonable terms causing prejudice
Answer & Solution
Correct answer: A. whether the patentee is a foreign national resident outside of India
1. Section 84(7) Patents Act 1970 enumerates factors for determining 'reasonable requirements of the public': (a) refusal to grant licence on reasonable terms; (b) demand met only by importation; (c) market for export not supplied; (d) commercial working in India hindered; (e) patent supply to public on unreasonable terms.
2. Foreign nationality of the patentee is NOT a listed factor.
3. Section 84 is the principal compulsory licence provision; first applied in Natco v. Bayer (Nexavar, 2012).
4. Hence option D is the correct exception.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Patents Act 1970, Section 84(7)_
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