**6. Working of a patent and compulsory licensing of a patent**

The granted patent or a patent application which represents an invention should be worked or atleast such patented invention to be licensed to meet the public requirement.

The non- working of the patent can pave a way for possibility of compulsory license where, an interested third party can claim a license and the governing body can allow such license without the consent of the patent holder. The royalty for such compulsory license will be estimated and awarded by the governing body itself towards the patent holder.

Landmark case of compulsory license in India is Bayer v Natco- India's first ever compulsory license was granted by the Patent Office on 9 March 2012 to Hyderabad-based Natco Pharma for the production of a generic version of Bayer's Nexavar, an anti-cancer agent used in the treatment of liver and kidney cancer.
