What is the concept of compulsory licensing of patents?

The concept of compulsory licensing of Patents: Within the statutory period, if the patentee fails to implement or fully implement the patent without justifiable reasons, or the patentee’s exercise of the patent is found to be illegal according to law, the Patent Administration Department of the State Council shall, on the basis of the unit with the conditions for implementation, Or an individual's application can be granted a compulsory license to implement an invention patent or utility model patent. Regarding the concept of compulsory licensing of patents, the editor of Legal Savior Network will answer it in detail for you below.

1. What is the concept of compulsory licensing of patents

1. The concept of compulsory licensing of patents: Within the statutory period, if the patentee fails to implement or fully implement the patent without justifiable reasons, or the patentee’s exercise of the patent is found to be illegal according to law, the Patent Administration Department of the State Council shall, on the basis of the unit with the conditions for implementation, Or an individual's application can be granted a compulsory license to implement an invention patent or utility model patent.

2. Legal basis: According toArticle 53 of the "Patent Law of the People's Republic of China", In any of the following circumstances, the patent administration department of the State Council may grant compulsory enforcement of an invention patent or utility model patent based on the application of an entity or individual that has the conditions for implementation. License:

(1) The patentee shall have three years from the date when the patent right is granted, and three years from the date of filing the patent application. Within four years, the patent has not been implemented or fully implemented without justifiable reasons;

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

2. There are several types of compulsory licensing for patent implementation

There are several types of compulsory licensing for patent implementation:

1. In case of national emergency state or extraordinary circumstances, or for the purpose of public interest;

2. Failure to manufacture or use the compulsory license of the patent within the statutory period;

3 , compulsory licensing of patent dependencies.

In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the Patent Administration of the State Council The department may grant a compulsory license to implement an invention patent or utility model patent.

For public health purposes, for drugs that have obtained patent rights, the Patent Administration Department of the State Council Compulsory licenses can be granted to manufacture and export them to countries or regions that comply with the provisions of relevant international treaties to which the People's Republic of China is a party

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