PROCEDURE IN RESPECT OF COMPULSORY LICENCE, ETC. :

Rule 96-102 deal with procedure for compulsory licence and revocation of patent. Rule 96 provides that an application to the Controller for an order under section 84, section 85, section 91 or section 92 or section 92A shall be in Form 17, or Form 19, as the case may be. Except in the case of an application made by the Central Government, the application shall set out the nature of the applicant’s interest and terms and conditions of the licence the applicant is willing to accept. Rule 97 provides that if, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order under any of the sections referred to above, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month from the date of such notification, the Controller shall refuse the application. If the applicant requests for a hearing within the time allowed the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or refused.