How the law provides for compulsory licenses for patent implementation

Compulsory license for patent implementation refers to a license that directly allows other units or individuals to implement their inventions and creations without the consent of the Patentee, provided that certain conditions are met and the Patent Administration Department of the State Council, in accordance with the provisions of the Patent Law and relevant laws method, also known as involuntary licensing. So, how does the law provide for compulsory licensing of patent implementation? The editor of Legal Savior Network will give you the answer.

How does the law provide for compulsory licenses for patent implementation

Article 48 of the Patent Law of the People's Republic of China Under any of the following circumstances, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation:

(1) It has been three years since the patent right was granted, and four years since the patent application was filed, and the patentee has failed to implement or fully implemented his patent without justifiable reasons;

(2) The behavior of the patentee exercising the patent right is determined to be a monopoly behavior in accordance with the law, and the purpose is to eliminate or reduce the adverse impact of the behavior on competition.

Article 49 In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department of the State Council may grant an invention patent or utility model for implementation Compulsory licensing of patents.

Article 50: A patented invention or utility model is a major technological advancement of significant economic significance compared with a previously patented invention or utility model. If its implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee.

Article 51: A patented invention or utility model is a major technological advancement of significant economic significance compared with a previously patented invention or utility model. , and its implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee.

Compulsory license for utility models.

If the invention-creation involved in the compulsory license in Article 52 is semiconductor technology, its implementation shall be limited to the purpose of public interest and the circumstances specified in Article 48 (2) of this Law.

Article 53 Except for compulsory licenses granted in accordance with Article 48 (2) and Article 50 of this Law, compulsory licenses shall be implemented mainly for the purpose of supplying Domestic market.

Article 54 An entity that applies for a compulsory license in accordance with Article 48 (1) and Article 51 of this Law or An individual should provide evidence to prove that he requested the patentee's permission to exploit the patent on reasonable terms, but failed to obtain the permission within a reasonable time.

Article 50 Article 5 The decision of the patent administration department under the State Council to grant a compulsory license shall be promptly notified to the patentee, and shall be registered and announced. The decision to grant a compulsory license shall stipulate the scope and time of implementation based on the reasons for the compulsory license. Compulsory license When the reasons are eliminated and no longer occur, the patent administration department of the State Council shall make a decision to terminate the compulsory license after review at the request of the patentee.

Fifth Article 16 A unit or individual that obtains a compulsory license does not enjoy the exclusive right to implement it and has no right to allow others to implement it. Article 57 A unit or individual that obtains a compulsory license shall pay the patentee a reasonable royalty, or The issue of royalties shall be handled in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. If royalties are paid, the amount shall be negotiated by both parties; if the two parties cannot reach an agreement, the patent administration department of the State Council shall make a ruling.

Article 58 If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, the patentee and the unit or individual who obtained the compulsory license shall appeal to the Patent Administration Department of the State Council on the implementation of compulsory license. If you are dissatisfied with the ruling on the use fee, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice.

Where a compulsory license is granted in accordance with the provisions of the preceding paragraph Under such circumstances, the Patent Administration Department of the State Council may also grant a compulsory license to implement the subsequent invention or utility model based on the application of the previous patentee.