1. What are patented drugs in the patent law?
1 . The term "patented medicine" as used in the Patent Law refers to any patented product in the medical field needed to solve public health problems or a product directly obtained according to a patented method, including the patented active ingredients required to manufacture the product and Diagnostic supplies required to use this product.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Seventh Article 13 The term "failure to fully implement the patent" as mentioned in Article 48 (1) of the Patent Law means that the patentee and its licensee implement the patent in a manner or scale that cannot meet domestic requirements for patented products or patented methods. need.
The patented medicines mentioned in Article 50 of the Patent Law refer to any patented products in the medical field that are needed to solve public health problems or in accordance with the patent Products directly obtained by methods include patented active ingredients required to manufacture the product and diagnostic supplies required to use the product.
2. What are the restrictions on Patent rights?
The restrictions on patent rights in the patent law include the following points: The restrictions on the rights of patentees stipulated in my country's patent law include the following points:
(1) No right of refusal, that is, the patentee cannot refuse other socialist public ownership units to use its patented invention.
(2) The right to use the patented invention first.
(3) Relevant patents used exclusively for scientific research and experiments are not considered infringementsBehavior.
(4) The use of relevant patents in the devices and equipment of foreign transport vehicles temporarily in transit for the transport vehicle's own needs does not count. Patent infringement.
(5) Compulsory license. For invention and utility model patents, if within three years from the date of grant of the patent right, the patentee fails to implement or fully implement the invention without legitimate reasons, the Patent Office may, based on the application of a unit that meets the conditions for implementation, allow the unit to do so without obtaining the patent right. If the invention is exploited with the consent of the patentee, the unit that obtains the compulsory license shall still pay royalties to the patentee.
(6) If the invention patent is requisitioned by the state and is of great significance to the national economy and public interests or national defense construction, the state may requisition the invention and give the patentee Reasonable compensation.
According to the provisions of the "Patent Law Implementing Rules", the patented medicines referred to in the Patent Law refer to medicines in the field of medicine that are needed to solve public health problems. Any patented product or product obtained directly according to a patented process, including the patented active ingredients required for the manufacture of the product and the diagnostic supplies required for the use of the product. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
