Compulsory license content of dependent patents

A dependent Patent can also be called an improved patent. It is an upgraded version of the patent. The main difference between the former and the latter two patents is that the patent is improved on the basis of the patent and has more powerful patented technology. It is a new type of patent that develops patented uses. It is also an innovation in technology. So, what is the content of compulsory license for dependent patents? Next, let’s take a look with the editor of Legal Savior Network.

1. Compulsory license content of dependent patents

The so-called dependent patents refer to the two There is a technical subordination relationship between the two patents, and the technical solution protected by the claims of the later patent falls within the scope of patent protection of the earlier patent. The so-called compulsory license for dependent patents refers to a patented invention or utility model that has obvious economic significance compared with the previously patented invention or utility model, and its implementation depends on the previous invention or utility model. If the new invention is implemented, the State Intellectual Property Office may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee.

2. What are the conditions for granting a compulsory license for dependent patents?

Granting Compulsory licensing of dependent patents should meet the following conditions:

(1) There are two patents, and the implementation of the earlier patent depends on the implementation of the later patent;

(2) Both the prior patent and the subsequent patent are inventions or utility models;

(3) In Compared with the earlier patent, the later patent is a major technological progress with obvious economic significance, that is, it has made a more outstanding contribution in technology and can produce huge economic significance.

When there are dependent patents, it often happens that both patentees hope to obtain the right to implement the other party's patent: on the one hand, the patent of the later patent Although the patentee has obtained the patent right, because the technology is within the protection scope of the earlier patent, the patent cannot be implemented without the consent of the earlier patentee; on the other hand, since the later patent is technically superior to the earlier patent The patent is advanced, and the prior patentee also hopes to implement more advanced technology.

Generally speaking, the above contradictions can often be solved through "cross-licensing". However, in practice, the prior patentee may be motivated by competition.The subsequent patentee is unwilling to implement its patent due to other reasons, thereby hindering the implementation of the technology protected by the subsequent patent. Therefore, a compulsory license will be granted in this case.

Since the prior patentee generally hopes to be able to implement the technology of the later patent, taking into account the interests of the prior patentee, implementation is allowed in accordance with the above provisions. In the case of compulsory licensing, the State Intellectual Property Office may also grant a compulsory license to exploit a later patent based on the application of the earlier patentee.

The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, dependent patents are another technical contribution compared to patents. In addition, national laws also stipulate that applications for dependent patents should be subject to compulsory licensing, which is also a major recognition of dependent patents. If you have any other questions, please feel free to consult online.