Sections 82 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 XVI of the Patents Act deals with working of patents, compulsory licences and revocation. Section 82 gives two definitions for that Chapter: "patented article" includes any article made by a patented process, and "patentee" includes an exclusive licensee. Section 83 lists seven general considerations that must be kept in view whenever the powers in the Chapter are exercised, from working in India on a commercial scale to public health and reasonably affordable prices. If you hold a patent or want to challenge non-working, our legal consultation team can advise.
In Chapter XVI, a "patented article" includes any article made by a patented process, and "patentee" includes an exclusive licensee (s.82). Under s.83, in exercising powers under the Chapter, regard must be had to seven principles: patents exist to encourage inventions and secure their working in India on a commercial scale, not to give an importation monopoly, to promote technology transfer, to protect public health, not to be abused, and to make the invention available at reasonably affordable prices.
Where the chapter fits
Chapter XVI was substituted for the older Chapter (sections 82 to 98) by the Patents (Amendment) Act, 2002 (from 20 May 2003). It now runs from section 82 to section 94; the numbers 95 to 98 no longer appear in the Act. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change sections 82 and 83. The Chapter covers compulsory licences on application (section 84, which has its own post), revocation for non-working (section 85), procedure (sections 86 to 91), special licences (sections 92 and 92A) and termination (section 94). Our existing guide on compulsory licensing under section 84 covers that central section.
Section 82: two definitions
"In this Chapter, unless the context otherwise requires,—
- (a) 'patented article' includes any article made by a patented process; and
- (b) 'patentee' includes an exclusive licensee."
| Term | Meaning in Chapter XVI | Effect |
|---|---|---|
| Patented article | Includes an article made by a patented process | Process patents are caught by the Chapter's provisions on working, availability and price |
| Patentee | Includes an exclusive licensee | An exclusive licensee is treated as a patentee for working, supply and similar obligations |
Because of clause (a), the question whether a product made by a patented process is available at a reasonably affordable price is asked about the product, not only about the process. Because of clause (b), an exclusive licensee cannot treat the obligations of the Chapter as the owner's alone. The definition applies "unless the context otherwise requires".
Section 83: general principles
The section opens: "Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely:—". These are guides for the Controller and the Central Government when they act under the Chapter. They are not independent grounds of application.
Clause (a): working in India
"that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay". The purpose of a patent includes working in India, on a commercial scale, to the fullest practicable extent, without undue delay.
Clause (b): no importation monopoly
"that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article". A patent is not meant to serve only as a licence to import.
Clause (c): innovation and technology transfer
"that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations".
Clause (d): public health and public interest
"that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India".
Clause (e): Central Government's measures
"that patents granted do not in any way prohibit Central Government in taking measures to protect public health".
Clause (f): no abuse
"that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology".
Clause (g): affordable prices
"that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public".
| Clause | Theme | One-line meaning |
|---|---|---|
| (a) | Working | Work the invention in India on a commercial scale, without undue delay |
| (b) | Importation | Patents are not granted merely for an importation monopoly |
| (c) | Technology | Promote innovation, technology transfer and a balance of rights and obligations |
| (d) | Public health | Patents should not impede protection of public health and nutrition |
| (e) | Government measures | Patents do not prohibit the Central Government from protecting public health |
| (f) | Abuse | No abuse; no practices that unreasonably restrain trade |
| (g) | Prices | Benefit available at reasonably affordable prices |
How section 83 is used
Section 83 is a set of considerations. It does not itself create a duty with a penalty, and the text of the section gives no test for how much weight each clause carries. Other provisions of the Chapter refer back to it: section 92(2) applies section 83 to licences on a Central Government notification, covered in our article on section 92. Working is also reported in a separate annual statement; see our guides on working of patents and Form 27 and Form 27: statement of working. Later articles in this series cover section 146, which deals with the power to call for information.
Section 89 repeats the working purpose in its own words for the Controller's powers on an application under section 84.
Illustration (invented)
Helio Pumps Ltd. holds a patent on a solar pump but only imports finished pumps; it makes none in India and sells at a high price. A manufacturer, Kaveri Agro Works, applies under section 84. In considering the application, the Controller must, under section 83, have regard to the principles that patents are granted to secure working in India on a commercial scale (clause (a)), are not granted merely to enjoy an importation monopoly (clause (b)), and that the benefit of the patented invention should be available at reasonably affordable prices (clause (g)).
If Helio's pumps were made by a patented process in a factory abroad, section 82(a) means the pumps count as "patented articles". If the patent were held by Helio's exclusive licensee, section 82(b) means that licensee is treated as the patentee in this Chapter.
What the sections do not say
- No time limits, forms or fees: those are in the Rules.
- No priority among the seven principles.
- No definition of "reasonably affordable", "commercial scale" or "undue delay".
- Section 83 does not itself provide any remedy; remedies sit in sections 84 to 94.
- No statistics or examples of real patents are given here.
Need help with working or compulsory licence issues?
Whether you hold a patent that must be worked or want a licence to a patent that is not, the seven principles shape the outcome. Our legal consultation team can review the facts, the working position and the choices before you.
Key takeaways
- In Chapter XVI, "patented article" includes any article made by a patented process, and "patentee" includes an exclusive licensee.
- Section 83 sets seven general considerations to be kept in view when exercising the Chapter's powers.
- They cover working in India, no importation monopoly, technology transfer, public health, Government measures, no abuse and affordable prices.
- They are guides, not independent grounds of application.
Read next
- Section 85: revocation of patents by the Controller for non-working
- Sections 86 and 87: adjournment and procedure for compulsory licence applications
- Compulsory licensing of patents: section 84
- Working of patent in India: section 83 and Form 27
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.