Does the unit or individual applying for compulsory license need to provide evidence?

According to the provisions of the Patent Law, an entity or individual applying for a compulsory license shall provide evidence to prove that it requested the patentee's permission to exploit the patent under reasonable conditions, but failed to obtain the permission within a reasonable time. Regarding the question of whether units or individuals applying for compulsory licenses need to provide evidence, the editor of Legal Savior Network will answer it in detail for you below.

1. Whether the unit or individual applying for compulsory license needs to provide evidence

1. Provide evidence. The unit or individual applying for a compulsory license shall provide evidence to prove that it requested the patentee's permission to exploit the patent under reasonable conditions, but failed to obtain the permission within a reasonable time.

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

59 Article 5 An entity or individual applying for a compulsory license in accordance with Article 53, Item (1) and Article 56 of this Law shall provide evidence to prove that it has requested the patentee’s permission to exploit the patent under reasonable conditions, but failed to do so. Obtain permission within a reasonable time.

2. Procedure for compulsory licensing of patent implementation

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. The Patent Office heard the applicationAfter soliciting opinions from both the patentee and the patentee, if the patentee has legitimate reasons for not exploiting or not allowing others to exploit the patent, the patent office shall make a decision not to allow the applicant to compulsorily exploit the patent; otherwise, the Patent Office shall make a decision to allow the applicant to compulsorily exploit the patent. Determination of patented invention or utility model.

4. Register and announce the decision on compulsory licensing.

According to the provisions of the Patent Law, an entity or individual applying for a compulsory license shall provide evidence to prove that it is requesting the patentee’s permission to exploit the patent under reasonable conditions. , but failed to obtain permission within a reasonable time. 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.