What are the contents of the compulsory licensing procedure for patent implementation?

A patent compulsory license is a license to use a patent issued by the patent administration department in accordance with legal conditions and procedures. After obtaining this license, the applicant can exploit the patent without the consent of the Patentee and does not need to pay patent royalties. The objects of compulsory license refer to invention patents and utility model patents, excluding designs. So, what does the procedure for compulsory patent licensing include? The editor of Legal Savior Network will give you the answer.

What does the procedure for compulsory license for patent implementation include?

1. The applicant must submit a request to the China Patent Office. An entity or individual that implements a compulsory license for a patent must submit a "Compulsory License Request" to the China Patent Office. The request must be accompanied by supporting documents stipulated in this law and the applicant's qualifications to implement the invention patent or utility model patent. Materials describing the conditions. Proof of failure to sign an implementation license contract with the patentee on reasonable terms should also be provided in accordance with the provisions of Patent Law 54.

2. The Patent Office will examine the applicant’s request. After receiving the applicant's request and relevant certificates, the Patent Office shall examine whether the request and relevant certificates are true, and shall promptly notify the patentee to state his opinions within the designated time.

3. The Patent Office shall make corresponding decisions. After listening to the opinions of both the applicant and the patentee, the Patent Office shall make a decision not to allow the applicant to enforce the patent if the patentee has legitimate reasons for not exploiting or permitting others to exploit the patent; conversely, the Patent Office shall make a decision allowing The applicant’s decision to enforce the implementation of this patented invention or utility model.

4. "Register and announce the decision on compulsory licensing."

Units or individuals that obtain a compulsory license for implementation do not enjoy exclusive implementation rights. There is no right to allow others to implement it. That is to say, the ownership of the invention patent or utility model patent still belongs to the patentee. The patentee himself still exploits the patent and also has the right to permit others to implement the compulsory license. The unit or individual shall pay the patentee The amount of reasonable royalties shall be agreed upon by both parties; if the two parties cannot reach an agreement, the amount shall be adjudicated by the Patent Office. If the patentee is dissatisfied with the Patent Office's decision on the license or the ruling on the royalties for the compulsory license, he may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.