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Under what circumstances can one request a compulsory license for an invention patent or utility model patent?
Release Time：
2020-08-20
(1) It has been three years since the patent right was granted, and it has been four years since the patent application was filed, and the patentee has failed to implement or fully implement the patent without justifiable reasons, or the patentee has exercised the patent right. If the behavior is determined to be a monopoly in accordance with the law, in order to eliminate or reduce the adverse impact of the behavior on competition, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation. .
(2) 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 exploit an invention patent or utility model patent.
(3) For public health purposes, the patent administration department of the State Council may grant a compulsory license for the manufacture and export of drugs that have obtained patent rights to countries or regions that comply with the provisions of relevant international treaties to which the People's Republic of China is a party.
(4) If a patented invention or utility model is a major technological advancement of significant economic significance compared with a previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the State Council Patent The administrative department may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee. In this case, the patent administration department of the State Council may also grant a compulsory license to implement the later invention or utility model based on the application of the previous patentee.
Source: China Intellectual Property Rights Protection Assistance Network
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