Rules 96-97 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.
Chapter XIII of the Patents Rules, 2003 is headed "Compulsory licence and revocation of patent". Its first two rules say how an application for a compulsory licence or for revocation for non-working is made, and what the Controller does when he finds that no prima facie case has been made out.
An application to the Controller for an order under section 84, 85, 91, 92 or 92A is made in Form 17 or Form 19, as the case may be (rule 96). Except where the Central Government applies, the application must set out the nature of the applicant's interest and the terms and conditions of the licence the applicant is willing to accept. If, on the evidence, the Controller is satisfied that no prima facie case is made out, he notifies the applicant and, unless a hearing is requested within one month, refuses the application (rule 97).
Where these rules sit
The Act provisions are section 84 (compulsory licences), section 85 (revocation of patents by the Controller for non-working), section 91 (licensing of related patents), section 92 (compulsory licence on Central Government notification) and section 92A (compulsory licence for export of patented pharmaceutical products). See our post on compulsory licensing under section 84 and our guide on section 85, revocation by the Controller for non-working. The Rules supply the form and the first filter.
Rules 96 and 97 were not changed in 2024. The 2024 fee table sets the fee for Form 17 (entry 27) and Form 19 (entry 31).
A compulsory licence is a contested remedy that affects the patentee's exclusivity. These rules are most relevant to a manufacturer or importer who wants a licence, to a patentee who receives such an application, and to the agents who advise them. If you are on either side and need a plan, see our legal dispute resolution service.
Rule 96: the application
"An application to the Controller for an order under section 84, section 85, section 91 or section 92 or section 92A shall be in Form 17, or Form 19, as the case may be. Except in the case of an application made by the Central Government, the application shall set out the nature of the applicant's interest and terms and conditions of the licence the applicant is willing to accept."
The rule has four parts.
| Part | Content |
|---|---|
| Who may apply | The rule speaks of "an application to the Controller"; the Act sections identify who may apply |
| Sections covered | Section 84, 85, 91, 92 or 92A |
| Forms | Form 17, or Form 19, "as the case may be" |
| Contents | Except for an application by the Central Government: the nature of the applicant's interest and the terms and conditions of the licence the applicant is willing to accept |
The Second Schedule's list of forms describes the two forms as follows. Form 17 is the "Application for compulsory licence", citing sections 84(1), 91, 92 or 92A and rule 96. Form 19 is the "Application for revocation of a patent for non-working", citing section 85(1) and rule 96. The rule itself does not say which form goes with which section; the list does. The fields of the forms are not printed in the sources consulted, so this article does not describe them.
Two practical points arise from the text. First, the statement of the applicant's interest and of the terms and conditions of the licence is required of every applicant except the Central Government. Second, the rule asks for the terms the applicant is "willing to accept", so the proposed licence terms are part of the application from the start, not something added later.
Rule 97(1): no prima facie case
"If, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order under any of the sections referred to in rule 96, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month from the date of such notification, the Controller shall refuse the application."
The sequence is:
- the Controller considers the evidence;
- he is satisfied that a prima facie case has not been made out for an order under section 84, 85, 91, 92 or 92A;
- he notifies the applicant;
- the applicant has one month from the date of the notification to request a hearing;
- if no request is made within that month, the Controller shall refuse the application.
Rule 97(2): hearing on request
"If the applicant requests for a hearing within the time allowed under sub-rule (1), the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or whether it shall be refused."
So a timely request gives the applicant an opportunity to be heard, and the Controller then makes one of two determinations: that the application may be proceeded with, or that it shall be refused. The text does not describe what proceeding with the application involves at this point. For an application under section 84, the next steps for opposition and hearing are in rules 98 and 99, which are covered in our article on rules 98 and 99. The text also does not say what happens where the Controller is satisfied that a prima facie case is made out; rule 97 deals only with the case in which it is not.
Fees
Two entries of Table I of the First Schedule as substituted in 2024 attach to rule 96. As per the First Schedule as substituted in 2024:
| Entry | Head | Form | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|---|---|
| 27 | Application for compulsory licence under sections 84(1), 91(1), 92(1) and 92A | 17 | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
| 31 | Application for revocation of a patent under section 85(1) | 19 | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
Both heads are allowed in both modes. The Central Government's application under section 92 is within entry 27's heading (section 92(1)); the fee table makes no exception for the Central Government.
The two rules side by side
| Rule | Trigger | Time | Result |
|---|---|---|---|
| 96 | Application under section 84, 85, 91, 92 or 92A | Not stated | Form 17 or 19, with interest and proposed terms (unless Central Government) |
| 97(1) | No prima facie case on the evidence | One month from notification to ask for a hearing | Refusal if no request |
| 97(2) | Hearing requested in time | After hearing | Controller determines whether to proceed or refuse |
Practical example
Sahaj Pharma wants a compulsory licence for a patented diagnostic reagent and files Form 17 under section 84(1), with the entry 27 fee, as per the First Schedule as substituted in 2024, in the "others" column. The application sets out Sahaj's interest as a manufacturer and the terms and conditions on which it is willing to take a licence, such as a royalty arrangement and a manufacturing location. On the evidence, the Controller is satisfied that a prima facie case has not been made out and notifies Sahaj. Sahaj has one month from the date of the notification to ask for a hearing. It does so, is heard, and the Controller determines whether the application may be proceeded with or refused. Had Sahaj not asked in time, the Controller would have refused the application.
By contrast, an application by the Central Government under section 92 in Form 17 would not need to set out its interest or terms.
Practical points
- Pick the right form: Form 17 for a licence, Form 19 for revocation for non-working under section 85.
- Put your interest and your proposed licence terms in the application; the rule requires both unless you are the Central Government.
- Diarise one month from the date of any notification under rule 97(1).
- Ask for a hearing in time, in writing; a timely request secures an opportunity to be heard.
- Prepare the evidence early, since the prima facie view is formed "upon consideration of the evidence".
- Check later amendments to the Rules, forms and fees.
Need help with a compulsory licence matter?
Whether you want a licence or are facing an application, the first filter under rule 97 is decisive. TaxClue can help prepare the application, the evidence and the hearing; see our legal dispute resolution service.
Key takeaways
- Rule 96: Form 17 or Form 19, as the case may be, for an order under section 84, 85, 91, 92 or 92A.
- Except for the Central Government, the application states the applicant's interest and the terms and conditions of the licence it will accept.
- Rule 97: if no prima facie case, the Controller notifies the applicant; refusal follows unless a hearing is requested within one month.
- After a timely hearing request, the Controller determines whether to proceed or refuse.
- Fees: entry 27 (Form 17) and entry 31 (Form 19), 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
- Compulsory licensing of patents: section 84
- Rule 98-99: opposition to compulsory licence and publication of revocation
- Rule 100-102: revision and termination of compulsory licence
- Revocation of patent: grounds and process
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.