Compulsory Licensing In India

Meaning of Patent

WIPO defines patent as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.¹ A patentee shall have exclusive rights over his invention for a period of 20 years, and he can exclude others from making any use of his patented product. But under certain circumstances, a compulsory license to make use of a patented product may be given to a third party. This concept of compulsory licensing has been given in the chapter XVI of the Indian Patents Act, 1970.

What are Compulsory Licenses under the Patents Act?

Compulsory licenses are authorizations given to a third-party by the Controller General to make, use or sell a particular product or use a particular process which has been patented, without the need of the permission of the patent owner. This concept is recognised at both national as well as international levels, with