As indicated in the Report, in the situation where the patented invention is not available at a reasonably affordable price, anyone interested in working a patent may, after the expiry of three years from the date of grant of the patent, apply for grant of a compulsory licence.
Could India please explain if this is only a condition or is it a prerequisite, and also whether it will cause disadvantage to the patent holder.
Reply: In fact, in order to apply for the grant of compulsory licence, it is prerequisite for any applicant to ensure that a period of three years from the date of grant has expired failing which the application for compulsory licence can be rejected ab initio. This period of three years is to ensure that the patentee or licensee is provided sufficient period to take necessary measures for commercialisation of the patented inventions in order to secure that inventions are worked in India on a commercial scale without undue delay. Moreover, the reasonable royalty is also payable to the patentee. Therefore, it will not cause any disadvantage to the right holder.
