IP Intelligence › Ask a Question › Can I get a compulsory licence, or resist one?
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.
Try for a voluntary licence first and keep the record.
Moderate complexity - several routes or missing facts
- The Controller considers whether the applicant tried without success to get a licence on reasonable terms within a reasonable period, which ordinarily does not exceed six months (section 84(6)).
- That requirement does not apply in a national emergency, other extreme urgency, public non-commercial use, or where anti-competitive practices by the patentee are established (section 84(6)).
- Write to the patentee with proposed terms and keep copies.
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.
