Under what circumstances is compulsory patent licensing implemented?

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 a compulsory license to implement an invention patent or utility model patent. Regarding the circumstances under which compulsory patent licensing is implemented, the editor of Legal Savior Network will give you a detailed answer below.

1. Under what circumstances is compulsory patent licensing implemented?

1. Appearance in the country In a state of emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration department of the State Council may grant a compulsory license to implement an invention patent or utility model patent.

2. Legal basis: Article 48 of the "Patent Law of the People's Republic of China" stipulates that has Under any of the following circumstances, the Patent Administration Department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation:

(1) The patentee fails to implement or fully implement his patent without justifiable reasons for three years from the date when the patent right is granted, and four years from the date of filing the patent application;

(2) The behavior of the patentee in exercising the patent right is determined to be a monopoly behavior in accordance with the law, and the purpose is to eliminate or reduce the adverse impact of the behavior on competition.

2. What are the prerequisites for compulsory patent licensing

1. The restriction must be to prevent the patent from hindering the legitimate interests of third parties;

;">2. This restriction cannot conflict with the normal use of the patent (including not harming the interests of the "licensee" of the patent);

3. This Such restrictions cannot unreasonably harm the interests of the patentee.

Units or individuals that impose compulsory licenses should still pay corresponding patent royalties to the patentee. However, it should be noted that the compulsory patent license does not include designs, but only inventions and utility model patents.

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