What is a patent compulsory license?

Patent compulsory license refers to the legal system in which the Patent Administration Department of the State Council authorizes others to exploit an invention or utility model Patent without the permission of the patentee under statutory circumstances. The unit or individual who obtains the compulsory license shall pay the patentee Reasonable royalties. A license to use a patent issued by the patent administration department in accordance with legal conditions and procedures. Regarding the question of what is compulsory patent licensing, the editor of Legal Savior Network will give you a detailed answer below.

1. What is patent compulsory license

1. Patent compulsory license , refers to the legal system in which the Patent Administration Department of the State Council authorizes others to implement invention or utility model patents without the permission of the patentee under statutory circumstances. The unit or individual that obtains the compulsory license for implementation shall pay the patentee a reasonable royalty. . A license to use a patent issued by the patent administration department in accordance with legal conditions and procedures.

2. Legal basis: Article 54 of the Patent Law: When a national emergency or extraordinary situation occurs, or for the purpose of public interest, the Patent Administration of the State Council The administrative department may grant a compulsory license to implement an invention patent or utility model patent.

2. What are the conditions for compulsory licensing of patents

1. It must be a unit that meets the conditions; such as capital, technology, equipment, factories, technical personnel, etc. Only units that meet these conditions are eligible to apply to exploit the patents of others.

2. The invention or utility model patentee must be asked for permission to exploit his patent under reasonable conditions. Requesting permission to exploit one's patent is actually an exchange relationship. The principles of fairness, equal compensation and economic laws should be followed, and a third party should judge whether it is a reasonable condition from a fair and reasonable standpoint.

3. Failure to obtain the patentee's permission within a reasonable period of time.

3. What are the types of compulsory licenses for patent rights?

1. Compulsory license under reasonable conditions.

2. Compulsory license in the public interest.

3. Compulsory license of dependent patents.

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