What are the forms and procedures for compulsory licensing of patents in my country
my country's "Patent Law" stipulates: When a unit with the conditions for implementation requests the holder of an invention or utility model patent for permission to exploit its patent on reasonable terms, but fails to obtain such permission within a reasonable period of time, the Patent Administration Department of the State Council shall, based on the request, Upon application by an entity, a compulsory license to implement the invention patent or utility model patent may be granted.
Any unit or individual other than the patent rights must To apply for a compulsory license, you need to comply with the following procedures stipulated in the Patent Law.
1. The applicant must submit a request to the China Patent Office. The unit or individual applying for a compulsory license to implement a patent must submit a "Compulsory License" to the China Patent Office. "Request", the request must be accompanied by supporting documents stipulated in this Law and explanatory materials that the applicant has the conditions to implement the invention patent or utility model patent. 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 shall 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.
Principles of liability for patent infringement
According to the provisions of Paragraph 2 of Article 63 of the Patent Law, the seller or user can be exempted from liability for compensation only if the information is "unknown" and the "source is legal", but it still constitutes infringement and should be Bear the responsibility to stop the infringement and eliminate the impact. That is to say, for good-faith sellers or users, the no-fault liability principle applies to stopping the infringement and eliminating the impact, and the fault liability principle applies to compensation. However, the scope of use of this mixed principle cannot be extended to The act of manufacturing or importing patented products.
Fault is not a constitutive element of patent infringement. When determining the perpetrator’s liability for infringement, no fault applies to liability for cessation of infringement. Liability, while liability for compensation of losses applies to fault liability and no-fault liability respectively according to different occasions. Different liability principles can be applied to the same patent infringement to determine different civil liabilities. It should be said that it is different from the traditional theory of liability for infringement. The understanding is more reasonable.
The above is the relevant information compiled by the editor of the Legal Savior Network for everyone. In summary, we can understand The use of a patent must be approved by the patent right. If it is not used, it should be regarded as infringement. Patent infringement should punish the infringer. If you have any other questions, please feel free to consult online.
