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This website http://www.maxipconsult.com (hereinafter referred to as the "website") is a public resource website and provides general information about the location of the firm MAXIPCONSULT LLC. Current Rules of the Bar Council of India do not permit lawyers to solicit work or advertise their services. The website is a resource website for non-commercial, general informational and educational purposes only and there has been no advertisement, personal communication, solicitation, invitation or inducement of any kind whatsoever from MAXIPCONSULT LLC, or any of its members, to solicit any work or create an Attorney-Client relationship through this website.

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Patent - Compulsory Licenses

Who can file for Compulsory licensing:

Under the prevailing Indian patent law, any person, including a current licensee of the patent holder, who is interested in the invention, can file an application for the grant of a compulsory license for a patent. Such an application can be filed after 3 years from the date of grant of the patent.

Grounds for filing Application for grant of Patent Compulsory licensing:

The reasonable requirements of the public with respect to the patented invention have not been satisfied; OR
The patented invention is not available to the public at a reasonably affordable price; OR
The patented invention is not worked in the territory of India.
By the amendment of 2005, a provision regarding the compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems has been included. This provision is intended to ensure that patented pharmaceutical products may be manufactured and exported to countries having insufficient or no manufacturing capacity in the pharmaceutical sector.
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