Does the 2023 Patent Law stipulate that compulsory licensing of patents requires payment of royalties?

The unit or individual that obtains the compulsory license shall pay reasonable royalties to the Patentee, or handle the issue of royalties in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. Regarding the question of whether royalties are required for compulsory licensing under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. Does the Patent Law stipulate that compulsory licensing of patents requires payment of royalties?

1. There is a license fee to pay. The unit or individual that obtains the compulsory license shall pay reasonable royalties to the patentee, or handle the issue of royalties in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. The license fee is determined as follows:

(1) If a usage fee is paid, the amount shall be negotiated by both parties;

(2) If the two parties cannot reach an agreement, the decision shall be made by the patent administration department of the State Council.

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-fifth Article 13 If the patentee is exploited without the permission of the patentee, the patentee's patent rights are infringed, and disputes arise, the parties shall resolve them through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or Request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

2. Procedure for implementing patent compulsory licensing

my country's "Patent Law" stipulates: A unit that has the conditions for implementation shall request the invention or utility model patentee for permission to implement its patent under reasonable conditions, and fails to do so.When such a license can be obtained within a reasonable period of time, the patent administration department of the State Council may grant a compulsory license to implement the invention patent or utility model patent based on the unit's application.

Any unit or individual outside the patent rights that wants to apply for a compulsory license needs to comply with the following procedures stipulated in the patent law.

1. The applicant must submit a request to the China Patent Office. The unit or individual applying for a compulsory license to implement a patent must submit a "Compulsory License" to the China Patent Office. "Request", the request must be accompanied by supporting documents stipulated in this Law and explanatory materials that the applicant has the conditions to implement the invention patent or utility model patent. Proof of failure to sign an implementation license contract with the patentee on reasonable terms should also be provided in accordance with the provisions of Patent Law 54.

2. The Patent Office shall examine the applicant's request. After receiving the applicant's request and relevant certificates, the Patent Office shall examine whether the request and relevant certificates are true, and shall promptly notify the patentee to state his opinions within the designated time.

3. The Patent Office shall make corresponding decisions. After listening to the opinions of both the applicant and the patentee, the Patent Office shall make a decision not to allow the applicant to enforce the patent if the patentee has legitimate reasons for not exploiting or permitting others to exploit the patent; conversely, the Patent Office shall make a decision allowing The applicant’s decision to enforce the implementation of this patented invention or utility model.

According to the provisions of the Patent Law, the unit or individual that obtains the compulsory license shall pay the patentee a reasonable royalty, or shall participate in the The relevant provisions of international treaties deal with the issue of royalties. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.