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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

On 1 March 2024 the Controller ordered the first compulsory licence for a patent held by Bharat Devices Ltd. Nisha, an interested person, wants to apply for revocation of the patent for non-working. Earliest date on which she can apply under section 85?

Nisha can apply only after two years from the date of the order granting the first compulsory licence. Counting from 1 March 2024, that is 1 March 2026. The one-year period in the section relates to the Controller deciding the application, not to when it may be filed.

  1. A1 March 2024, immediately
  2. B1 September 2024
  3. C1 March 2025
  4. D1 March 2026Correct

Explanation

Section 85(1) allows an application for revocation only after two years from the date of the order granting the first compulsory licence. Two years from 1 March 2024 is 1 March 2026. The one-year period in option C wrongly borrows from the decision time limit in section 85(4), which concerns disposal of the application.

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