1. What are the conditions for compulsory licensing of patent rights?
1. Patent rights Conditions for compulsory license:
(1) The Patentee has completed three years since the patent right was granted, and four years have passed since the date of filing the patent application. years, failed to implement or fully implemented its patent without justifiable reasons.
(2) The patentee’s exercise of patent rights is deemed to be a monopoly according to law behavior, in order to eliminate or reduce the adverse impact of the behavior on competition.
(3)In the event of a national emergency or extraordinary situation, or for the public For the purpose of benefit, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent.
2. Legal provisions: "Patent Law"
Article 53 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) The patentee fails to implement or fully implement the patent without justifiable reasons for three years from the date the patent right is granted and four years from the date of filing the patent application. ;
(2) The behavior of the patentee exercising the patent right is determined to be a monopoly behavior in accordance with the law, in order 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 orCompulsory license for utility model patents.
2. What are the types of compulsory licenses for patent rights?
my country's patent law stipulates three types of compulsory licenses: general compulsory license, special compulsory license, and cross compulsory license.
1. General compulsory licensing
General compulsory licensing refers to units that meet the conditions for implementation. When requesting the holder of an invention or utility model patent for permission to exploit the patent under reasonable conditions, but failing to obtain such permission within a reasonable period of time, the Patent Administration Department of the State Council shall grant the invention patent or utility model patent based on the unit's application. compulsory license.
2. Special compulsory license
Special compulsory license occurs when special circumstances stipulated by law occur At that time, for the sake of national and social public interests, the Patent Office has the right to decide to grant a compulsory license to the patentee's patent to maintain social stability and protect the interests of the public.
3. Cross-compulsory licensing
Cross-compulsory licensing is also called mutual licensing. If a patented invention or utility model is a major technological advancement of significant economic significance compared to 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 shall A compulsory license to exploit a pre-patentee's invention or utility model may be granted upon the application of a later patentee. In the event that the later patentee is granted a compulsory license to implement the invention or utility model after implementation, the patent administration department of the State Council may also grant a compulsory license to exploit the invention or utility model after implementation based on the application of the former patentee. compulsory license.
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