1. How to determine the implementation scope and time of patent compulsory license
1. If the patent administration department under the State Council makes a decision to grant a compulsory license, the patentee shall be notified in a timely manner, and shall be registered and announced. and stipulate the scope and time of implementation based on the grounds for compulsory licensing.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 60 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 specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department of the State Council shall make a decision to terminate the compulsory license based on the request of the patentee and after review.
2. Contents of request for compulsory patent license
To request compulsory license, a request for compulsory license shall be submitted, stating the following items:
(1) The name, address, postal code, contact person and telephone number of the requester;
(2) The nationality or country of registration of the requester or region;
(3) The name, patent number, application date, authorization announcement date, and patent rights of the invention patent or utility model patent for which compulsory license is requested The name of the person;
(4) The reasons, facts and time limit for requesting compulsory license;
(5) If the petitioner entrusts a patent agency, the name and agency code of the entrusted agency, as well as the name, practice certificate number, and contact number of the agent designated by the agency;(6) Signature or seal of the requester; if a patent agency is entrusted, the seal of the agency shall also be included;
(7) List of additional documents;
(8) Other matters that need to be noted.
The request letter and its attached documents should be made in duplicate.
According to the provisions of the Patent Law, when the patent administration department of the State Council makes a decision to grant a compulsory license, it shall promptly notify the patentee, register and announcement. and stipulate the scope and time of implementation based on the grounds for compulsory licensing. 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.
