What is the compulsory license of a dependent patent?
The so-called dependent patent refers to the technical existence between the two patents. 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.
Identification of dependent patents
1. Comprehensive coverage
Dependent patents have comprehensive coverage relative to their basic patents. A dependent patent must contain all the technical features of the independent claims of the basic patent. As such, the implementation of the dependent patent depends on the implementation of the basic patent. In addition to comprehensive coverage of its technical characteristics compared to the basic patent, the subordinate patent also "adds new technical content" and has new technical characteristics. This new technical content or technical characteristics make the subordinate patent more technologically advanced than the basic patent. . In addition, the new technical content of the dependent patent can also be a specific (lower) version of the general (higher) conceptual technical features of the independent claim of the basic patent. If such specific technical features are not disclosed in the basic patent specification and have technical Progressive, a dependent patent is more advanced than a basic patent in at least some aspect. Just like the dependent claims of a patent or patent application have "additional technical features" relative to the independent claims, such additional technical features can be features that embody general conceptual features or can be added features. Relative basic patents are similar in this respect.
2. Creativity
In addition to the above-mentioned "comprehensive coverage", dependent patents are more creative than basic patents , which is why it is “technically more advanced” and has “significant technological progress”. fromCompared with basic patents, subordinate patents are creative and are the basic requirements for the establishment of dependent patents. Generally speaking, as far as patent inventiveness is concerned, this is only a necessary condition that a subordinate patent must meet. What a patent needs to compare in its inventiveness assessment is a combination of different technical contents from one or more comparative documents. Compared with the basic patent, the dependent patent adds new technical content. It is "more advanced than the prior patented technology", "an improvement on the prior patent", and "a major technological progress with significant economic significance". From this, it can be It shows that dependent patents are more creative than basic patents.
In practice, there may be certain differences in dependent patent regulations and they need to be implemented according to local regulations. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
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