Section-89 Revocation of patents by the Controller for non-working

Section-89 Revocation of patents by the Controller for non-working

(1) Where in respect of a patent, a compulsory license has been granted or the endorsement "licenses of right" has been made or is deemed to have been made, the Central Government or any person interested- may, after the expiration of two years from the date of the order granting the first compulsory license or, as the case may be, the date of the grant of the first license under section 88, apply to the Controller for an order revoking the patent on the ground that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price.

(2) Every application under sub-section (1) shall contain such particulars as may be prescribed and the facts upon which the application is based and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant's interest.

(3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may make an order revoking the patent.

(4) Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller.