Rules 100-102 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.
Rules 100 to 102 close Chapter XIII. Rules 100 and 101 deal with an application under section 88(4) to revise the terms and conditions of a compulsory licence the Controller has settled, using Form 20. Rule 102 deals with an application under section 94 to terminate a compulsory licence, using Form 21. Both routes follow a service, objection, evidence and hearing pattern, and both borrow the hearing procedure of rule 62.
An application to revise the terms and conditions of a licence settled by the Controller is made in Form 20 with the facts, the relief and evidence (rule 100(1)); if no prima facie case is made out, the Controller may notify the applicant, who has a month to ask to be heard (rule 100(2)). If the application proceeds, copies are served, and opposition is given in Form 14 within one month of service (rule 101). An application to terminate a compulsory licence is made in Form 21 by the patentee or a person deriving title or interest, served on the licence holder, who has one month to object (rule 102).
Where these rules sit
The Act provisions are section 88(4) (revision of licence terms) and section 94 (termination of compulsory licence). See our guides on sections 88-89, Controller's powers in granting compulsory licences and on sections 93-94, licence as deed between the parties and termination of compulsory licence. The earlier rules in the chapter are explained in our articles on rules 96 and 97 and on rules 98 and 99.
Rules 100 to 102 were not changed in 2024. The 2024 fee table sets the fee for Form 20 (entry 32) and Form 21 (entry 33). If you hold a compulsory licence, or a patent subject to one, and the commercial position has changed, these rules give you the way to ask the Controller for a revision or an ending. For help, see our legal dispute resolution service.
Rule 100: application under section 88(4)
(1) The application. "An application under sub-section (4) of section 88 for the revision of the terms and conditions of a licence which have been settled by the Controller shall be in Form 20 and shall state the facts relied upon by the applicant and the relief he seeks and shall be accompanied by evidence in support of the application."
Form 20 is described in the Second Schedule's list as the "Application for revision of terms and conditions of licence", citing section 88(4) and rule 100. The application states: the facts relied on; the relief sought; and it is accompanied by evidence. It concerns terms "settled by the Controller".
(2) No prima facie case. "If the Controller is satisfied that a prima facie case has not been made out for the revision of the terms and conditions of the licence, he may notify the applicant accordingly and unless within a month the applicant requests to be heard in the matter, the Controller may refuse the application." Compare rule 97, where the language is "shall refuse". Here it is "may notify" and "may refuse".
(3) Hearing. "The Controller, after giving the applicant an opportunity of being heard, shall determine whether the application shall be proceeded with or whether the application shall be refused." Sub-rule (3) is printed without the condition about a request, so it is read with sub-rule (2): the opportunity of being heard is given before the Controller decides whether to proceed.
Rule 101: procedure once the application is allowed to proceed
| Sub-rule | Provision |
|---|---|
| (1) | If allowed to proceed, the Controller directs the applicant to serve copies of the application and evidence on the patentee, any other person appearing in the register to be interested in the patent, or any other person on whom, in his opinion, copies should be served |
| (2) | The applicant informs the Controller of the date of service |
| (3) | The patentee or any other person served may give notice of opposition in Form 14 within one month from the date of service, stating the grounds and accompanied by evidence |
| (4) | The opponent serves copies of the notice and evidence on the applicant and informs the Controller of the date |
| (5) | No further evidence or statement except with special leave of or on requisition by the Controller |
| (6) | On completion, the Controller forthwith fixes the hearing with not less than ten days' notice |
| (7) | Sub-rules (2) to (5) of rule 62 apply, so far as may be |
| (8) | If the Controller decides to revise, he forthwith amends the licence granted to the applicant as he deems necessary |
Notes on the table. In sub-rule (3), the one month runs from the date of service on the person opposing. In sub-rule (5) the test is "special leave", which is stronger wording than "leave" in rule 98(4). Sub-rule (7) borrows rule 62(2) to (5), so the notice to be heard with fee, the five-day notice for a new publication and the reasoned decision apply; our article on rule 62 describes them. Sub-rule (8) says the Controller shall "forthwith amend" the licence "in such manner, as he may deem necessary", so the form of the revision is left to him.
Rule 102: application for termination under section 94
(1) Application. "An application for termination of compulsory licence under section 94(1) shall be made in Form 21 by the patentee or any other person deriving title or interest in the patent. The application shall be accompanied by the evidence in support of the application."
Form 21 is described in the list as the "Request for termination of compulsory licence", citing section 94 and rule 102(1). The applicant is the patentee or a person deriving title or interest in the patent.
(2) Service. "The applicant shall serve a copy of the application and evidence on the holder of the compulsory licence and shall inform the Controller the date on which the service has been effected."
(3) Objection. "The holder of the compulsory licence may file his objection along with evidence, if any, to the application within one month from the date of receipt of the application and evidence by him to the Controller and serve a copy thereof to the applicant." The holder has one month from receipt. The rule says the objection is filed "to the Controller", and a copy is served on the applicant. No form is named for the objection; the text is silent.
(4) Further evidence. "No further evidence or statement shall be filed by either party except with special leave of or on requisition by the Controller."
(5) Hearing. "On completion of the above proceedings, the Controller shall forthwith fix a date and the time for the hearing of the case and shall give the parties not less than ten days' notice of such hearing."
(6) Borrowed procedure. Sub-rules (2) to (5) of rule 62 apply so far as may be.
(7) Order. "If the Controller decides to terminate the compulsory licence he shall forthwith issue an order giving terms and conditions, if any, of such termination and serve copies of the order to both the parties."
Revision and termination compared
| Point | Revision (rules 100-101) | Termination (rule 102) |
|---|---|---|
| Section | 88(4) | 94(1) |
| Form | Form 20 | Form 21 |
| Who applies | The applicant under section 88(4) | The patentee or person deriving title or interest |
| Prima facie filter | Yes: a month to ask to be heard (rule 100(2)) | Not stated in rule 102 |
| Reply | Form 14 within one month of service | Objection within one month of receipt |
| Outcome | Controller amends the licence | Order on terms of termination, served on both parties |
Fees
As per the First Schedule as substituted in 2024, three entries apply:
| Entry | Head | Form | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|---|---|
| 32 | Application for revision of terms and conditions of licence under section 88(4) | 20 | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
| 33 | Request for termination of compulsory licence under section 94 | 21 | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
| 10 | Notice that a hearing will be attended under rule 62(2) | Not applicable | Rs 1,500 / Rs 1,700 | Rs 7,500 / Rs 8,300 |
All three heads are allowed in both modes. The notice of opposition in Form 14 under rule 101(3) is cited against Form 14 in the Second Schedule list, but entry 20 of the fee table, which carries the fee for Form 14, names other sections (57(4), 61(1), 87(2), 63(3) and 78(5)) and does not name rule 101(3) or section 88(4). The text is silent on the fee for that notice, so check the current table before filing.
Practical example
Metro Cables was granted a compulsory licence on terms fixed by the Controller, including a royalty to the patentee, Tara Wires. Two years later Metro's costs have risen sharply, and it files Form 20 under section 88(4), setting out the facts and the relief it seeks, with evidence and the entry 32 fee. The Controller finds a prima facie case and directs Metro to serve Tara Wires and others on the register. Tara has a month from service to give notice of opposition in Form 14 with evidence. After the hearing on at least ten days' notice, the Controller revises the terms and amends the licence.
In a different case, Tara Wires itself applies in Form 21 under section 94 to terminate the licence, serving a copy with evidence on Metro. Metro has a month from receipt to file an objection and evidence and serve Tara. After the hearing, if the Controller decides to terminate, he issues an order giving the terms of termination and serves it on both parties.
Need help with a compulsory licence?
Revision and termination turn on evidence and on tight one-month periods. TaxClue can help prepare the application or the reply and appear at the hearing; see our legal dispute resolution service.
Key takeaways
- Rule 100: Form 20 under section 88(4), with facts, relief and evidence; if no prima facie case, the Controller may notify and refuse unless a hearing is requested within a month.
- Rule 101: service as directed; opposition in Form 14 within one month of service; special leave for further evidence; ten days' notice of the hearing; rule 62(2) to (5) applies; the Controller forthwith amends the licence if he revises.
- Rule 102: Form 21 under section 94 by the patentee or person deriving title or interest; the licence holder has one month to object; the Controller issues an order on termination terms.
- Fees: entry 32 and entry 33, Rs 2,400 or Rs 12,000 in e-filing and Rs 2,650 or Rs 13,200 in physical filing.
- Later amendments should be checked.
Read next
- Rule 96-97: application for compulsory licence and prima facie case
- Rule 98-99: opposition to compulsory licence and publication of revocation
- Sections 93-94 of the Patents Act, 1970: licence as deed between the parties and termination of compulsory licence
- Compulsory licensing of patents: section 84
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.