Patents Act, 1970

Section - 90 - Terms and conditions of compulsory licences

Terms and conditions of compulsory licences.

90. (1)In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure-

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(i)	-	that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors;
(ii)	-	that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him;
(iii)	-	that the patented articles are made available to the public at reasonably affordable prices;
(iv)	-	that the licence granted is a non-exclusive licence;