The deposit of the biological material shall be made not later than the date of filing of patent application in india and a reference thereof made in the specification under sub-clause (A) of clause (ii) of sub-section (4) of section 10 shall be made within 3 months from the date of filing of application.
Licence granted by controller is compulsory licence.
Rule 10 says The proof of the right to apply for the patent for invention can be furnished within six months from the date of application. Which form has to be submitted as "Proof of Right" application?
Before 2002, there was a provision like if patent is granted, Controller, on request by applicant grant a licence and the rights starts from that date of grant of licence called the licence of right but now situation is changed Controller can only grant compulsory licence on the grounds stipulated in sec 84 of patents act 1970.