1. The conditions for applying for a patent are as follows:
(1) does not violate national laws, social ethics or harm public interests;
(2) The invention or utility model does not belong to the prior art, and before the date of filing, no unit or individual has filed an application with the patent administration department of the State Council for the same invention or utility model;
(3) The invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress;
(4) The invention or utility model can be manufactured or used, and can produce positive effects.
2. Legal basis: Article 53 of People's Republic of China (PRC) Patent Law.
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 implementation conditions:
(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.
Second, what is the process of patent application?
1, apply to the national patent administration department;
2. Submit application materials as required;
3. Conduct preliminary examination after acceptance;
4, announced immediately after the trial;
5, according to the request of the applicant for substantive examination;
6, after substantive examination, authorized to issue a patent certificate for invention, at the same time to be registered and announced.