Application for Compulsory Licence (Form 17) (India) by Indian Patent Office
Form 17 under the Patents Rules 2003, used to apply to the Controller for a compulsory licence to work a patented invention under Sections 84 or 91 of the Patents Act, 1970, typically where the reasonable requirements of the public are not met or the invention is not available at a reasonable price.
FORM 17 THE PATENTS ACT, 1970
(39 of 1970)
&
The Patents Rules, 2003
APPLICATION FOR COMPULSORY LICENCE
[See sections 84(1), 91, 92(1) or 92A; rule 96]
Name, address and nationality of the applicant(s).
I/We.¹
Certified copies of the documents are to be enclosed in duplicate.
hereby apply for the grant of a compulsory licence under Patent No. ... dated ...
granted to ...
... for which the patentee is ... on the following
Complete address including postal code and state along with telephone and fax number(s).
grounds, namely :
I/We declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief.
To be signed by the applicant(s) or by his authorised registered patent agent.
The details of documentary evidence in support of my/our interest and the grounds stated above are given below ² ...
...
...
...
My/Our address for service in India is: ³ ...
Dated this ... day of ... 20
Name of the natural person who has signed.
Signature ⁴ ...
(________________________________________) ⁵ ...
To
The Controller of Patents,
The Patent Office,
At ...
Note: For fee : See First Schedule.
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About this template
What is this template?
This is a prescribed statutory filing used to petition the Indian Patent Office for a licence when a patentee refuses to grant one on reasonable terms. It is not a commercial agreement or a voluntary licence; it is a regulatory procedure to override patent exclusivity. It requires the applicant to specify the grounds for the request and provide evidence of their ability to work the invention.
When should you use it?
Use this form when three years have passed since a patent grant and the patentee has failed to meet public demand or provide the invention at a fair price. Use a Voluntary Licence Agreement if the patent owner is willing to negotiate terms for use.
Who it's for
- an entity seeking to manufacture a patented invention in India because the reasonable requirements of the public have not been satisfied
- a person requesting a licence to work a patent that is not available to the public at a reasonably affordable price
- a manufacturer applying for a compulsory licence under Section 84 of the Patents Act 1970
How long it runs and how it's signed
Law it's drafted under
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