What are the circumstances under which compulsory license for patent implementation is applicable?

Only when the Patentee has failed to implement the patent for four years from the date of application for patent rights or three years from the date of approval of the patent rights, and cannot provide justifiable reasons, can the patent-granting country take compulsory measures. license. What are the circumstances under which compulsory licensing of patents is applicable? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

What are the circumstances under which compulsory licensing of patents is applicable

According to the relevant provisions of my country's "Patent Law" and its implementation rules, after three years from the date when the patent right is granted, if the unit that has the conditions for implementation uses a reasonable If the holder of an invention or utility model patent is requested to obtain permission to exploit the patent under certain conditions, but fails to obtain such permission within a reasonable period of time, he or she may apply to the State Intellectual Property Office for a compulsory license to exploit the invention patent or utility model patent.

A patented invention or utility model is an invention that has been patented before. Or if a utility model is a major technological advance of significant economic significance, and its implementation depends on the implementation of the previous invention or utility model, the latter patentee may apply to the Patent Administration Department of the State Council for a compulsory license to implement the previous invention or utility model. , the former patentee may also apply to the Patent Administration Department of the State Council for a compulsory license to implement the later invention or utility model.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network. Legal advice.