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Guided answer
Can I get a compulsory licence, or resist one?
Section 84 lets a person interested ask the Controller for a licence under someone else's patent, but only on specific grounds and after specific steps.
Prepare evidence of working and of your licensing efforts.
High complexity - significant legal consequences
- The grounds against you are those in section 84(1): public requirements not met, unaffordable price, or not worked in India.
- Section 84(7) lists what is treated as public requirements not being met, including refusal to license on reasonable terms, restrictive licence conditions, inadequate working in India, and import-blocking of local working.
- The Controller considers the nature of the invention, the time since grant, your steps to use it fully, and the applicant's ability and attempts to obtain a licence (section 84(6)).
- Assemble working evidence and records of every licence request, and respond on time. Engage an advocate or patent attorney.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.