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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.
Apply to the Controller on the right ground, with evidence.
High complexity - significant legal consequences
- The grounds are that the reasonable requirements of the public are not satisfied, that the invention is not available to the public at a reasonably affordable price, or that it is not worked in India (section 84(1)).
- Section 84(7) lists situations in which the public's requirements are deemed not satisfied, such as refusal to license on reasonable terms prejudicing Indian trade or industry, unfair licence conditions, inadequate working in India on a commercial scale, or working being hindered by imports.
- The Controller also considers the applicant's ability to work the invention for public benefit and to bear the financial risk (section 84(6)).
- The application goes on Form 17 or Form 19 depending on the section, and must describe your interest and the licence terms you will accept, unless the Central Government applies (rule 96).
- This is a contested proceeding. Engage an advocate or patent attorney.
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.