Request for Termination of Compulsory Licence (Form 21) (India) by Indian Patent Office
Form 21 under the Patents Rules 2003, used to request termination of a compulsory licence under Section 94 of the Patents Act, 1970, where the circumstances that led to its grant no longer exist.
FORM 21 THE PATENTS ACT, 1970
(39 of 1970) & The Patents Rules, 2003 REQUEST FOR TERMINATION OF COMPULSORY LICENCE
[See section 94; rule 102(1)]
Name, address and nationality of the applicant(s).
Certified copies of the documents are to be enclosed in duplicate.
Complete address including postal code and state along with telephone and fax number(s).
To be signed by the applicant(s) or by his authorized registered patent agent.
Name of the natural person who has signed.
I/We¹
hereby apply for the termination of the compulsory licence granted to
by the order of the
Controller dated...under patent No/
No... dated...
granted to...for
which the patentee ...
I/we declare that I am/We are the patentee for the above mentioned patent
I/we declare that I/we derive title/interest in the patent.
I/we make the above mentioned request for termination on the following grounds, namely:
I/we declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief.
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
Signature . ⁴
( ) ⁵
To
The Controller of Patents,
The Patent Office,
At ...
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About this template
What is this template?
Form 21 is a statutory filing used specifically under the Indian Patents Act to cancel an existing compulsory licence. It is not an application for a new patent or a voluntary licensing agreement.
When should you use it?
Use this form when the grounds for a compulsory licence no longer apply and you can prove the situation will not repeat; otherwise, use Form 20 to apply for a licence.
Who it's for
- a patent holder in India seeking to end a compulsory licence granted to a third party
- an authorised agent filing a Form 21 request with the Indian Patent Office
How long it runs and how it's signed
Law it's drafted under
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