What is compulsory licensing of patents
Compulsory license, also known as involuntary license, refers to the license under legal circumstances. Under the Patent Administration Bureau of the State Council, the patent administration department under the State Council may directly allow a compulsory license applicant to implement administrative measures for the patentee's invention or utility model without the consent of the patentee. There are several types of compulsory licenses:
1. Under this type of compulsory license that has not obtained the right to use within a reasonable period of time, the conditions that should be met are: first, the petitioner must meet the implementation conditions, that is, have the basic skills to produce, manufacture, sell patented products or use patented methods. conditions; secondly, the petitioner must have negotiated with the patentee on the exploitation of its patent on reasonable terms. Reasonable conditions are mainly about the payment of royalties, technical services and other basic obligations that both parties need to perform; thirdly, the petitioner Failure to obtain permission from the patentee within a reasonable period of time.
2. Compulsory license granted for national interests or public interests. 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 the implementation of an invention patent or utility model patent. compulsory license.
3. Compulsory license of dependent patents The compulsory license of dependent patents is granted based on the dependence relationship between patents, that is, "a patented An invention or utility model is a major technological advancement of significant economic significance compared with a previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model." In order to promote the implementation of advanced patented technology, it is necessary to grant A compulsory license for a later patentee to implement a previously patented technology. At the same time, a compulsory license should also be granted to the former patentee to implement the post-patented technology.
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