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THE PATENTS ACT, 1970 | ||||
Section 91 | ||||
Licensing of related patents |
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(1) Notwithstanding anything contained
in the other provisions of this Chapter, at any time after the sealing of a patent,
any person who has the right to work any other patented invention either as
patentee or as licensee thereof, exclusive or otherwise, may apply to the
Controller for the grant of a licence of the first mentioned patent on the ground
that he is prevented or hindered without such licence from working the other
invention efficiently or to the best advantage possible. (2) No order under sub-section (1) shall be made unless the Controller is
satisfied— (i) that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and (ii) that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India. (3) When the Controller is satisfied that the conditions mentioned in sub
section (1) have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first mentioned patent and a similar order under the other patent if so requested by the proprietor of the first
mentioned patent or his licensee: (4) The provisions of sections 87, 88, 89 and 90 shall apply to licences
granted under this section as they apply to licences granted under section 84. |
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