The document discusses compulsory licensing of patents in India. It defines compulsory licensing as allowing governments to license patented products to third parties without the patent owner's consent. The WTO's TRIPS agreement and India's Patent Act allow for compulsory licensing under certain conditions. These include if the patented invention is not available to the public at an affordable price or is not worked in India. The process for requesting and opposing compulsory licenses in India is also outlined.

2. COMPULSORY LICENSES
• Under compulsory licensing, governments can
license third parties(other than the patent owner)
to produce, use and sell a patented products,
without consents of patent holder.
• WTO‘s TRIPS allows countries to issue
compulsory licenses.
• In India, Indian Patent Act, 1970 allows and
defines compulsory licensing .
• The provision of this “compulsory license” are
specifically given under CHAPTER XVI and
the conditions which has to be fulfilled are
given in section 84-92 of the said act.

3. SECTION 84 AND 92
SECTION 84
Waiting period: 3 years from the date of the grant of a patent.
GROUNDS:
• Reasonable requirement of the public not satisfied by patented
product.
• Patented inventions is not available to the public at an Affordable
price.
• Patented invention is not used or worked in the territory of India.
SECTION 92
Waiting period: None.
GROUNDS:
• National emergency. [section 92A]
• Extreme urgency. [section 92A]
• To a country which has insufficient or no manufacturing power in pharmaceutical sector to address
public health. [Section 92A (1)]

4. Anyone interested in getting
the compulsory license may
submit a request online or on
paper using FORM 17 to the
INDIAN PATENT OFFICE,
Together with the required
costs.
OPPOSITION TO THE GRANT
Within the allotted time(2months), the
patentee or any other person wishing to
oppose may submit a notice of opposition via
FORM 14 along with the allotted fee.
TERMINATION OF COMPULSORY LICENSE
An application to terminate the compulsory license
granted under section 84 may be submitted to
INDIAN PATENT OFFICE(CONTROLLER) using
FORM 21 by the patent or any other party holding
title to or an interest in the patent.
APPEAL/REVIEW
The appellate board will hear appeals of the
controller’s decision to issue or reject a
compulsory license.
, ,
PROCEDURE

6. DISCOURAGED
INNOVATION
,
COMPETATION REDUCED
COST
IMPACTS OF
COMPULSORY
LICENSING
The main objective is to
ensure public access
 Work
 To use
 Benefit from it

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India’s first case of granting
compulsory licensening
Granted On March 13, 2012.
PETENTEE OF
NEXAVAR 200mg
BAYER’S
CORPORATION
Filed compulsory license
on NEXAVAR 200mg
NATCO
PHARMA
Nexaver® (Sorafenib Tosylate), a life-
saving medicine used for treating
liver and kidney cancer.

8. • A patent search is a
process that are
relevent to particular
invention.
• This can be done by
searching through
patent database, which
contains information
about all the patent
types around the world .

9. 01 PUBLIC SEARCH FACILITY
THE UNITED STATES PATENT AND TRADEMARK
OFFICE(USPTO) LOCATED IN ALEXANDRIA,
Virginia.
02 PATENT OFFICIAL GAZETTE
THE ELECTRONIC OFFICIAL GAZETTE ALLOWS
USERS TO BROWSE THE ISSUED PATENTS FOR THE
CURRENT WORK
03 PATENT APPLICATION
INFORMATION RETRIEVAL (PAIR)
HELPS TO RETRIEVE AND DOWNLOAD INFORMATION
REGARDING PATENT APPLICATION STATUS
04 PATENT AND TRADEMARK
RESOURCE CENTERS(PTRCs)
FIND YOUR NEAREST PTRCs
SEARCH TOOLS

10. Free online access to patent collections is provided by many countries.
Some available databases include:
• European Patent Office (EPO) provides esp@cenet a network of Europe's patent databases- This
site also provides access to machine translation of European patents for some languages.
• Japan Patent Office (JPO) - This site also provides access to machine translations of Japanese
patents.
• World Intellectual Property Organization (WIPO) provides PATENTSCOPE ® Search Service,
which features a full-text search of published international patent applications and machine
translations for some documents as well as a list of international patent databases.
• Korean Intellectual Property Rights Information Service (KIPRIS)
• China National Intellectual Property Administration (CNIPA) - This site also provides
access to machine translation of Chinese patents.
• Other International Intellectual Property Offices that provide searchable patent databases
include: Australia, Canada, Denmark, Finland, France, Germany, Great
Britain, India, Israel, Netherlands, Norway, Sweden, Switzerland and Taiwan.
• Stopfakes.Gov provides informative Toolkits that give an overview of the Intellectual Property
Rights (IPR) environment in various countries around the world.

11. PATENT
COOPERATION
TREATY

13. ,
To bring
the world
within
reach
,
Remove major
costs and
provides users
additional time
to consider
their various
patent granting
option
Provides a strong
basis to the user
for patenting
decisions,
Provides user
with world wide
system for the
simplified and
effective
filing of
patent
application,
L
Effectively used by
world’s major
corporation ,
universities and
institutes when
they seek
international
patent protection
NEEDS FOR
INTRODUCTING
PCT

15. ADVANTAGES
Evolves
to meet
user
needs.
The single
application has
the effect of
filing
simultaneously
in different
t,
Harmonizes
formal
requirement
s
Provides a
strong basis
for patenting
decisions to
the user.
01 02 03 04

16. DISADVANTAGES
• The process is more complex than the process filing in other
treaty
• Not all the countries are members of PCT. This means that if
you want to patent your invention in a country that is not a
member of the pct, you will need to file a separate national
patent application in the country.

18. 1. CAR T CELLS
• PATENT NUMBER : US 8,906,6882
• DATE : December 9, 2014
• CARL JUNE AND HIS CO-INVENTORS obtained a patent directed toa method
of treating leukemia by administering T cells engineered to express a CAR T cells.

20. 2.RECOMBINENT DNA
• PATENT NUMBER: US
4,237,224
• DATE: December 1980
• STANLEY COHEN , HERBERT
BOYER AND THEIR
COLLEAGUES at Stanford
university and university of California
, San Francisco worked on
recombinant DNA technology and got
patented

21. 3. RECOMBINANT MICROORANISMS
• PATENT NUMBER : US
4,259,444
• DATE:MARCH 31st 1981
• Anand chakrabarty invented a
recombinant pseudomonas bacterium
that carries foregin genes which
encoded hydrogen degrading enzymes.

22. POLYMERASE CHAIN REACTION
• PATENT NUMBER: US 4,683,195
• DATE: JUNE 28, 1987
• KARY MULLIS filed a patent on the invention that is PCR
• The PCR patent was acquired by hoffman-la-roche in 1991 for $300M
and royalties

23. CRISPR
• PATENT NUMBER: (a) US 10,000,772
• (b) US 8,697,359
• DATE : (a) JUNE 19, 2000. Doudna etal. - Univ. California/univ.Vienna/charpentier broad
(b) APRIL 14, 2014. Zhang - The broad institute/MIT.

24. THANKYOU