Patents Act, 1964

Revocation of patent after grant of licence.

43.—(1) Where an order for the grant of a licence under a patent has been made in pursuance of an application under section 39 of this Act, any person interested may, at any time after the expiration of two years from the date of that order, apply to the Controller for the revocation of the patent upon any of the grounds specified in subsection (2) of the said section 39; and if upon any such application the Controller is satisfied—

(a) that any of the said grounds are established; and

(b) that the purposes for which an order may be made in pursuance of an application under the said section 39 could not be achieved by the making of any such order as is authorised to be made in pursuance of such an application,

he may order the patent to be revoked.

(2) An order for the revocation of a patent under this section may be made so as to take effect either unconditionally, or in the event of failure to comply, within such reasonable period as may be specified in the order, with such conditions as may be imposed by the order with a view to achieving the purposes aforesaid; and the Controller may, on reasonable cause shown in any case, by subsequent order extend any period so specified.