1. What does public interest compulsory licensing of patent rights mean?
Patent rights Compulsory licensing means that 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 unit’s Upon application, a compulsory license to implement the invention patent or utility model patent may be granted. After three years from the date when the patent right is granted, any unit may request a compulsory license from the Patent Administration Department of the State Council in accordance with Article 48 of the Patent Law. Or it means that when there is a national emergency or extraordinary situation, or for the purpose of public interest, the State Intellectual Property Office can grant a compulsory license to implement an invention patent or utility model patent. The so-called public interest compulsory license means that in the event of a national emergency or extraordinary situation, or for the purpose of public interest, the State Intellectual Property Office can grant a compulsory license to implement an invention patent or utility model patent.
2. Public interest compulsory licensing includes the following situations
(1) In the event of a national emergency or In extraordinary circumstances, such as wars, natural disasters, etc.;
(2) For the needs of the public interest, that is, for the needs of national defense, national economy and public health , including:
a important patented inventions involving national defense security, such as invention patents for an advanced weapon, etc.;
b Important invention patents related to the national economy, such as invention patents for pollution control;
c Public health invention patents, such as certain invention patents that can effectively Invention patents for the prevention and treatment of certain diseases, etc.
The purpose of public interest compulsory licensing is to prevent patent holders from abusing patent rights. Unlike when a unit with implementation conditions requests the State Intellectual Property Office for a patent implementation license, when the State Intellectual Property Office grants a public interest compulsory license,A unit with the conditions for implementation shall be designated to implement the patented technology.
3. Compulsory license for patent implementation
Article 48 Units that meet the conditions for implementation can When requesting the holder of an invention or utility model patent for permission to exploit the patent under reasonable conditions, but failing to obtain such permission within a reasonable period of time, the patent administration department of the State Council may, upon the application of the unit, grant permission to exploit the invention patent or utility model. Compulsory licensing of patents.
Article 49 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 grant an invention patent or utility model for implementation Compulsory licensing of patents.
The decision made by the Patent Administration Department of the State Council to grant a compulsory license shall limit the implementation of the compulsory license mainly to the needs of supplying the domestic market; the inventions and creations involved in the compulsory license shall be For semiconductor technology, compulsory licensing is limited to public non-commercial use, or use that is determined to be anti-competitive behavior through judicial or administrative procedures and is subject to relief.
Article 50: A patented invention or utility model is a major technological advancement of significant economic significance compared to a previously patented invention or utility model. , and its 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.
Compulsory license for utility models.
Article 51: An entity or individual applying for a compulsory license in accordance with the provisions of this Law shall complain that it failed to sign a license contract with the patentee on reasonable terms. proof.
Article 52: When the patent administration department of the State Council makes a decision to grant a compulsory license, the patentee shall be notified in a timely manner, and shall be registered and announced.
The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department of the State Council shall make a decision to terminate the compulsory license based on the request of the patentee and after review.
Article 53, a unit or individual that has obtained a compulsory license for implementation does not enjoy the exclusive right to implement it, and has no right to allow others to implement it.
Article Article 54: The unit or individual that obtains the compulsory license shall pay the patentee a reasonable royalty, the amount of which shall be negotiated by both parties; if the two parties cannot reach an agreement, the patent administration department of the State Council shall make a ruling.
The above is what the editor has answered for you. I hope it will be helpful to you. At the same time, everyone should know how to protect their legitimate rights and interests from infringement and apply for patent rights in a timely manner based on the relevant legal basis. , to protect your intellectual property rights. If you have any legal-related questions, you can go to the Legal Savior website for consultation, and our professional team of lawyers will answer you in detail.
