1. What is compulsory patent licensing
1. Compulsory licensing is Refers to a licensing method in which the Patent Administration Department of the State Council, in accordance with the provisions of the Patent Law, directly allows other units or individuals to implement their inventions and creations without the consent of the patentee, also known as involuntary licensing;
2. According to the provisions of the Patent Law, under the following circumstances, the Patent Administration Department of the State Council may grant an invention patent or utility model patent for implementation based on the application of an entity or individual that has the conditions for implementation. Compulsory license:
(1) The patentee has completed three years from the date the patent right was granted, and it has been three years since the patent application was filed. Four years have passed since the date of the patent, and the patent has not been implemented or fully implemented without justifiable reasons;
(2) The patentee exercises the patent In order to eliminate or reduce the adverse impact of such behavior on competition, the behavior of monopolizing power is determined to be monopolistic behavior in accordance with the law.
3. What are the circumstances for applying for compulsory license for patent implementation
According to the relevant laws and regulations of our country, after three years from the date when the patent right is granted, if a unit with the conditions for implementation requests the invention or utility model patentee for permission to exploit the patent under reasonable conditions, and If such permission cannot be obtained within a reasonable period of time, you may apply to the State Intellectual Property Office for a compulsory license to implement the invention patent or utility model patent.
A patented invention or utility model is a major technological advance of significant economic significance compared to previously patented inventions or utility models, and its implementation depends on If the previous invention or utility model is exploited, the latter patentee may apply to the Patent Administration Department of the State Council for a compulsory license to exploit the previous invention or utility model, and the former patentee may also apply to the Patent Administration Department of the State Council for a compulsory license to exploit the previous invention or utility model. 1. Compulsory license for an invention or utility model.
In addition, the unit or individual applying for compulsory license shall submit a request for compulsory license to the patent administration department of the State Council, stating the reasons and attaching There shall be two copies of the documents proving the failure to sign an implementation license contract with the patentee on reasonable terms.
2. Compulsory license for patent implementation What are the consequences
After understanding the types of compulsory licenses for patent implementation, maybe you We still don’t quite understand what the consequences of implementing compulsory licensing of patents will be, and what the purposes of implementing compulsory patent licensing are as follows:
1 , Consequences: non-exclusiveness, non-transferability and compensation
The unit or individual applying for a compulsory license shall complain that it failed to obtain the patent on reasonable terms. Proof that the right holder has signed an implementation license contract. The decision of the patent administration department under the State Council to grant a compulsory license shall be promptly notified to the patentee, 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. A unit or individual that obtains a compulsory license for implementation does not enjoy the exclusive right to implement it and does not have the right to allow others to implement it. If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory licenses, and if the patentee and the unit or individual who obtained the compulsory license are dissatisfied with the ruling of the Patent Administration Department of the State Council on the royalties for the implementation of compulsory licenses, they may voluntarily receive the File a lawsuit in the People's Court within three months from the date of notification.
2. The result of government expropriation and licensing
The invention patents of state-owned enterprises and institutions have great impact on national interests or public interests. If the patent is of great significance, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote the application within the approved scope and allow designated units to implement it. The implementing unit shall pay royalties to the patentee in accordance with national regulations. . If the invention patents of China's collective ownership units and individuals are of great significance to national interests or public interests and need to be promoted and applied, they shall be handled in accordance with the regulations.
The above knowledge is the editor's answer to the question "What is patent compulsory licensing?" Patent compulsory licensing refers to administrative coercion without patent rights. A licensing method in which the person agrees to directly allow other units or individuals to implement their inventions and creations. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
