Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
Section 92A of the Patents Act, 1970 deals with compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted The Act came into force on 01 Apr 1978.
1[92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.--(1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India.
(2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him.
(3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this Act.
Explanation.--For the purposes of this section, "pharmaceutical products" means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use.]
Section 92A, The Patents Act, 1970 (Act 39 of 1970).
Questions about Section 92A
What does Section 92A of the Patents Act deal with?
Section 92A of the Patents Act is headed "Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances". [92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.--(1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutica
How do I find court cases under Section 92A of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 92A, section 92A Patents Act, section 92A of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 92A of the Patents Act come into force?
Section 92A of the Patents Act, cited as Patents Act 92A, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.