What are the conditions and procedures for compulsory patent licensing

What are the conditions and procedures of compulsory license for patent exploitation? Follow the legal Savior Xiaobian together to see, I hope to help you.

What are the conditions and procedures for compulsory patent licensing

Conditions for Exploitation of the Patent Law of China provides that: where an entity having the conditions for exploitation requests, on reasonable terms, the patentee of an invention or utility model for permission to exploit its patent, and such permission cannot be obtained within a reasonable period of time, the patent administration department under The State Council may, upon the application of the entity, grant a compulsory license to exploit the invention or utility model patent.

Specifically, 1, must be a unit with conditions; Such as capital, technology, equipment, plant, technical personnel and so on. An entity that meets these conditions shall be eligible to apply for the exploitation of another's patent.

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(2) The patentee of the invention or utility model must be requested, on reasonable terms, for permission to exploit the patent. The request for permission to exploit the patent is actually an exchange relationship, which should abide by the principles of fairness, equal value and compensation and economic laws, and judge whether it is reasonable for a third party to stand on a fair and reasonable standpoint.

3. Failure to obtain permission from the patentee within a reasonable period of time.

Any entity or individual other than the patent right, in order to apply for a compulsory license, shall comply with the following procedures provided for in the Patent Law.

(1) The applicant must file a request with the Patent Office of the People's Republic of China. The entity or individual applying for a compulsory license for a patent must submit to the Patent Office of the People's Republic of China a Request for a compulsory License, which shall be accompanied by the supporting documents provided for in this Law and materials indicating that the applicant possesses the conditions for exploitation of the patent for invention or utility model. It shall also, in accordance with Article 54 of the Patent Law, provide proof of failure to conclude a license contract with the patentee on reasonable terms.

(2) The Patent Office shall examine the applicant's request. After receiving the applicant's request and the relevant certificates, the Patent Office shall examine whether the request and the relevant certificates are true, and shall promptly notify the patentee to state his or her opinion within the specified time.

(3) The Patent Office shall make a decision accordingly. After hearing the opinions of both the applicant and the patentee, where the patentee has justified reasons for not exploiting or permitting others to exploit the patent, the Patent Office shall make a decision to deny the applicant compulsory exploitation; Instead, the Patent Office shall make a decision allowing the applicant to enforce the patent invention or utility model.

(4) "The decision of compulsory license shall be registered and announced". A unit or individual that has obtained a compulsory license for exploitation shall not enjoy the exclusive right of exploitation. Have no right to allow others to perform. That is to say, the ownership of the patent for invention or utility model still belongs to the patentee, the patentee still has the right to exploit its patent, and has the right to license others to exploit the compulsory license of the entity or individual, shall pay the patentee a reasonable royalty, the amount of which shall be agreed upon by both parties; Where no agreement can be reached between the two parties, the Patent Office shall make a ruling.

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