Compulsory licences.
84. (1) At any time after the expiration of three years from the date of the
[grant] of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:-
| (a) | - |
that the reasonable requirements of the public with respect to the patented invention have not been satisfied; or |
| (b) | - |
that the patented invention is not available to the public at a reasonably affordable price; or |
| (c) | - |
that the patented invention is not worked in the territory of India. |
(2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of India
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