Patent 5 1

According to the situation you described, please refer to the relevant provisions of Articles 48, 5 1, 53, 54 of the Patent Law and Article 73 of the Regulations (see below) to see if it meets the requirements. Are the reasons and conditions for requesting compulsory license sufficient?

Before and after the patent stipulated in Article 5 1 of the Patent Law should mean that the patented technology itself is dependent, and the latter is an improvement on the basis of the former, and this improvement must be "a major technological progress with significant economic significance".

What you said is more advanced and the benefits are more obvious, but it doesn't mean that the patent implementation of the institute must rely on the patent of the machinery factory. For example, the former one is about bicycle tires and the latter one is about bicycle cushions. This situation does not belong to the situation that the implementation of the latter patent depends on the implementation of the previous invention or utility model as stipulated in Article 5 1 of the Patent Law.

Article 48 Under any of the following circumstances, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model upon the application of a unit or individual with the conditions for implementation:

(1) It has been three years since the patent right was granted and four years since the patent application was filed, and the patentee has not implemented or not fully implemented his patent;

(2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.

Article 51 Where the invention or utility model for which a patent right has been granted is a significant technological progress with great economic significance compared with the invention or utility model previously granted with a patent right, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may, upon the application of the latter patentee, grant a compulsory license to exploit the previous invention or utility model.

Where a compulsory license is granted in accordance with the provisions of the preceding paragraph, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee.

Article 53 Unless compulsory license is granted in accordance with the provisions of paragraph 2 of Article 48 and Article 50 of this Law, the main purpose of compulsory license shall be to supply the domestic market.

Article 54 A unit or individual applying for compulsory license in accordance with the provisions of Article 48, paragraph 1 and Article 51 of this Law shall provide evidence to prove that it requested the patentee to license it to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.

Regulations:

Article 73 The term "under-exploitation of the patent" as mentioned in Item (1) of Article 48 of the Patent Law means that the way or scale of exploitation of the patent by the patentee and its licensee cannot meet the domestic demand for patented products or patented methods.