What does compulsory licensing of dependent patents mean?

A dependent Patent is a product invented by the inventor that is an important technological advance over the previous product, and its implementation depends on the implementation of the previous invention or utility model. So, what does compulsory licensing of dependent patents mean in terms of patents? Everyone doesn’t know much about it. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the compulsory license of dependent patents?

The so-called dependent patents refer to the technical existence between the two patents before and after them. In a subordination relationship, the technical solution protected by the claims of the later patent falls within the scope of patent protection of the earlier patent. The so-called compulsory license for dependent patents refers to a patented invention or utility model that has obvious economic significance compared with the previously patented invention or utility model, and its implementation depends on the previous invention or utility model. If the new invention is implemented, the State Intellectual Property Office may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee.

What are the circumstances under which compulsory license is granted

1. In any of the following circumstances, the State Council Patent The administrative department may grant a compulsory license to implement 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 owns the patent It has been three years since the date when the patent right was granted, and four years since the date of filing the patent application, and the patent has not been implemented or fully implemented without justifiable reasons;

(2) The patentee’s exercise of patent rights is deemed to be a monopoly behavior in accordance with the law, and the purpose is to eliminate or reduce the adverse impact of the behavior on competition.

2. 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 impose compulsory enforcement of the invention patent or utility model patent. license.

3. For the purpose of public health, the patent administration department of the State Council may manufacture and export drugs that have obtained patent rights to relevant international Compulsory licenses for countries or regions stipulated in treaties.

4. A patented invention or utility model is a major technological advancement of significant economic significance compared with a previously patented invention or utility model.If the implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee. In the case where a compulsory license for implementation is granted in accordance with the provisions of the preceding paragraph, the patent administration department of the State Council may also grant a compulsory license for the implementation of the subsequent invention or utility model based on the application of the former patentee.

In the case where a compulsory license is granted in accordance with the above provisions, the State Intellectual Property Office may also grant compulsory license to exploit a later patent based on the application of the earlier patentee. license. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.