Manual explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The general compulsory licence route in section 84 is not the only one. Paragraphs 14.02.02 to 14.02.05 of the Manual describe three special routes - licences of related patents, licences after a Central Government notification, and licences for export of patented medicines - and the way a compulsory licence is brought to an end. This article follows the Manual's account and points to the section posts for the statutory text.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
A person who cannot efficiently work his own patent without a related patent may ask for a licence under it (section 91). After a Central Government notification of national emergency, extreme urgency or public non-commercial use, the Controller grants licences under section 92. Section 92A allows a licence solely for manufacture and export of patented medicines to a country that lacks capacity. A compulsory licence can be terminated on Form 21 if the circumstances have ended.
Licence for related patents (14.02.02, section 91)
The Manual describes a licence of a first patent to a person who owns or is licensed under another patented invention and is prevented or hindered, without the licence, from working that other invention efficiently or to the fullest advantage possible. The Controller makes an order only if satisfied that:
- the applicant is able and willing to grant, or procure for the patentee and its licensees if they wish, a licence of the other invention on reasonable terms; and
- the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in India.
If the grounds are established, the Controller may grant a licence on such terms as he thinks fit, with a similar order under the other patent if its proprietor or licensee asks. The licence is non-assignable except with the assignment of the respective patents. The Manual says the procedure and terms provisions of sections 87 to 90 apply as they do for section 84, so the application is on Form 17 and follows the same course; see our article on section 84 practice and sections 90 and 91.
Licence on notification by the Central Government (14.02.03, section 92)
Under section 92, as the Manual summarises it, the Central Government may by notification in the Official Gazette declare that compulsory licences are necessary for a patent in force, in circumstances of national emergency, extreme urgency or public non-commercial use. After the notification:
- Any person interested may apply, and the Controller grants a licence on terms he thinks fit.
- In settling terms the Controller endeavours to secure that articles made under the patent are available at the lowest prices consistent with the patentee deriving a reasonable advantage.
- The procedure of sections 83, 87, 88, 89 and 90 applies as it does under section 84.
- If the Controller is satisfied that the circumstance of national emergency, extreme urgency or public non-commercial use, including a public health crisis such as AIDS, HIV, tuberculosis, malaria or other epidemics, calls for it, section 87 procedure does not apply. The Controller informs the patentee as soon as practicable of that non-application.
Read the section in our article on section 92. The point of practice is that the notification is the trigger: the applicant should file after it, and the Controller works from the licence terms, not from the section 84 grounds.
If you advise a pharmaceutical or public-sector client, our legal dispute resolution service can prepare or answer an application under these routes.
Licence for export of patented pharmaceutical products (14.02.04, section 92A)
The Manual records that a compulsory licence is available for manufacture and export of a patented pharmaceutical product to a country that has insufficient or no manufacturing capacity in the pharmaceutical sector for the product, to address public health problems. Two conditions apply: the importing country has itself granted a compulsory licence, or has by notification or otherwise allowed importation from India.
On an application in the prescribed manner, the Controller grants a licence solely for manufacture and export of the product to that country, on terms specified and published by him. The provision is without prejudice to other export permitted under the Act. "Pharmaceutical products" means any patented product, or product made through a patented process, of the pharmaceutical sector needed to address public health problems, including the ingredients necessary for manufacture and diagnostic kits required for use. The Manual prints Form 17 against this paragraph; check the current form list on the Second Schedule article. See section 92A.
Termination (14.02.05, section 94)
The Manual says that the patentee, or another person deriving title or interest, may apply on Form 21 with evidence for termination of a compulsory licence granted under section 84, on the ground that the circumstances that gave rise to the grant no longer exist and are unlikely to recur. The holder of the licence has the right to object. The rule 102 procedure, including a hearing of both parties, applies. The Controller must take into account that the licensee's interest is not unduly prejudiced. If the licence is terminated, the Controller issues an order with any terms of termination and serves it on both parties. The statutory text is in sections 93 and 94 and rules 100 to 102.
What the examiner-equivalent checks, in a table
| Route | What the Controller looks at | What the applicant shows |
|---|---|---|
| Related patents (s.91) | Hindrance to working the applicant's own invention; willingness to cross-license; contribution of the applicant's invention | The two patents, the hindrance, an offer of a licence on reasonable terms |
| Notification (s.92) | A notification in the Official Gazette | The notification, need for the licence and proposed terms |
| Export (s.92A) | The importing country's capacity and its licence or permission | Proof of the country's position and the product |
| Termination (s.94) | End of the circumstances and no likelihood of recurrence | Form 21 with evidence; the licensee may object |
A worked example
Meridian Pharma Ltd holds a patent on a formulation. An applicant, Corvus Bio, holds a patented delivery device that is essential to administering the formulation efficiently, and cannot work its device without a licence of Meridian's patent. Corvus applies for a related-patent licence, offers to license its own device to Meridian on reasonable terms, and shows that its device has helped build a new medical-device industry in India. The Controller may grant a licence on terms and, if Meridian asks, a similar licence of the device. The licence would be non-assignable except with the patents.
Common lapses
- Treating a section 91 application as a section 84 application and relying on the wrong grounds.
- Applying under section 92 without a notification.
- Overlooking the importing country's own licence or permission under section 92A.
- Seeking termination without evidence that the circumstances will not recur.
- Not allowing for the licensee's interest in a termination case.
Need help with a special licence route?
These routes depend on proof from outside the file: notifications, foreign permissions, or the facts of a related invention. If you need an application prepared or opposed, our legal dispute resolution team can advise.
Key takeaways
- Section 91 lets the holder of one patent seek a licence of a related patent, on conditions of reasonable cross-licence and substantial contribution.
- Section 92 follows a Gazette notification of emergency, extreme urgency or public non-commercial use.
- Section 92A permits manufacture and export of patented medicines to a country lacking capacity, subject to that country's licence or permission.
- A licence may be terminated on Form 21 when circumstances end and are unlikely to recur.
- The Act and Rules as now in force prevail over the Manual's summary.
Read next
- Chapter 14: compulsory licence under section 84
- Chapter 18: powers of the Controller, costs and review
- Section 92A: compulsory licence for export
- Rules 100 to 102: revision and termination
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.