What to do if the patentee is dissatisfied with the compulsory patent license

If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, or the ruling of the Patent Administration Department of the State Council on the royalties for implementation of compulsory license, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice. Regarding the question of what to do if the patentee is dissatisfied with the compulsory license of the patent, the editor of Legal Savior Network will give you a detailed answer below.

1. What to do if the patentee is dissatisfied with the compulsory patent license

1 If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, or the ruling of the Patent Administration Department of the State Council on the royalties for implementation of compulsory license, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice. .

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-third Article 1 If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, and 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 license, they may collect the fees themselves. File a lawsuit with the People's Court within three months from the date of notification.

2. Legal reasons for compulsory patent licensing

The first situation: the patentee has completed three years since the Patent right was granted and four years since the date of filing the patent application. The reason is that the patent has not been implemented or has not been fully implemented.

The second situation: the patentee’s exercise of the patent right is deemed to be a monopoly behavior in accordance with the law, in order to eliminate or reduce the adverse impact of the behavior on competition. .

Third situation: In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent authority may grant an invention patent or utility model for implementation Compulsory licensing of patents.

Fourth situation: For the purpose of public health, the patent administration department may grant patent rights for drugs to be manufactured and exported to countries that comply with the regulations of the People's Republic of China. countries that participate in relevant international treaties orcompulsory license in the region.

The fifth situation: compulsory license for the purpose of implementing the subordinate patent.

According to the provisions of the Patent Law, if the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory licensing, he or she shall If you are dissatisfied with the ruling on the license fee, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.