What does it mean to fail to fully implement a patent in patent law?

According to the provisions of the "Patent Law Implementing Rules", the term "inadequate implementation of its patent" as referred to in the Patent Law means that the Patentee and its licensee implement their patent in a manner or scale that cannot meet domestic demand for patented products or patented methods. Regarding the question of what does not fully implement a patent in the patent law mean, the editor of Legal Savior Network will answer it in detail for you below.

1. What does not fully implement the patent in the patent law mean

1 . The term "failure to fully implement the patent" as mentioned in the Patent Law means that the patentee and its licensee implement the patent in a manner or scale that cannot meet the domestic demand for patented products or patented methods.

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

Seventh Article 13 The term "failure to fully implement the patent" as mentioned in Article 48 (1) of the Patent Law means that the patentee and its licensee implement the patent in a manner or scale that cannot meet domestic requirements for patented products or patented methods. need.

The patented medicines mentioned in Article 50 of the Patent Law refer to any patented products in the medical field that are needed to solve public health problems or in accordance with the patent Products directly obtained by methods include patented active ingredients required to manufacture the product and diagnostic supplies required to use the product.

2. What are the forms of patent implementation

1. Implementation by the patentee

Implementation by the patentee is the most common practice in patent implementation The way. The patentee may implement its patent independently, or the patentee may use the patent as an investment and cooperate with others to implement it.

2. Licensing others to implement

Licensing others to implement requires the patentee as the licensor , allowing the licensee to use its patented inventions and creations under certain conditions by signing a contract. The Patent Law clearly stipulates that any unit or individual who exploits another person’s patent shallA written license contract should be entered into with the patentee and patent royalties should be paid to the patentee.

3. Designate and implement the invention patents of state-owned enterprises and institutions according to the needs of the country

If it is of great significance to national interests or public interests, 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 of the State Council, decide to promote the application within the approved scope and allow designated units to implement it, and the implementing units shall follow national regulations. Pay royalties to the patentee.

4. Compulsory license implementation

Compulsory license is an involuntary license. It is a compulsory means for the patent administration department of the State Council to implement patents in accordance with legal conditions and procedures. It means that after a certain period of time (three years) from the date when the patent right is granted, any unit may, in accordance with the provisions of the Patent Law, without the consent of the patentee, be permitted by the Patent Administration Department of the State Council to other units under certain conditions. and a mandatory legal means for individuals to enforce the patentee's patent.

According to the provisions of the "Patent Law Implementing Rules", the term "failure to fully implement a patent" in the Patent Law refers to the patentee and its licensee implementing its The patented method or scale cannot meet the domestic demand for patented products or patented methods. 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.