Specifically, 1 must be a qualified company; Such as capital, technology, equipment, factories and technicians. Only units with these conditions are eligible to apply for the exploitation of other people's patents.
2. The patentee of an invention or utility model must be required to license the exploitation of his patent under reasonable conditions. In fact, requesting permission to exploit its patent is an exchange relationship, which should abide by the principles of fairness, equal compensation and economic law, and judge whether it is a reasonable condition with a third party from a fair and reasonable standpoint.
3. Failure to obtain the permission of the patentee within a reasonable period of time.
Two. Procedures for Compulsory Licensing of Patents Any entity or individual other than the patent right who applies for compulsory licensing shall comply with the following procedures stipulated in the Patent Law.
1. The applicant must submit a request to the China Patent Office. Units or individuals applying for compulsory license for patent exploitation must submit a request for compulsory license to the Chinese Patent Office, together with the supporting documents stipulated in this Law and the explanatory materials that the applicant has the conditions to exploit a patent for invention or utility model. According to the provisions of Article 54 of the Patent Law, it shall also provide proof that the exploitation license contract has not been signed with the patentee on reasonable terms.
2. The Patent Office examines the applicant's request. After receiving the applicant's request and relevant supporting documents, the Patent Office shall examine whether it is true or not, and shall promptly notify the patentee to state his opinions within a specified time.
3. The Patent Office shall make a corresponding decision. After listening to the opinions of the applicant and the patentee, the Patent Office shall make a decision not to allow the applicant to exploit the patent if the patentee has justified reasons not to exploit it or not to allow others to exploit it. On the contrary, the Patent Office shall make a decision to allow the applicant to exploit the patented invention or utility model.
4. Register and announce the compulsory licensing decision. Units or individuals that have obtained the compulsory license for implementation do not enjoy the exclusive right to implement. Have no right to allow others to implement it. That is to say, the ownership of the invention patent or utility model patent still belongs to the patentee, and the patentee still owns the unit or individual that exploits its patent and has the right to license others to exploit the compulsory license, and shall pay the patentee a reasonable royalty, the amount of which shall be agreed by both parties; If both parties cannot reach an agreement, it shall be decided by the Patent Office.
Cite Article 4 of the Law [1] Measures for Compulsory Licensing of Patents [2] Article 48 of People's Republic of China (PRC) Patent Law [3] Article 54 of People's Republic of China (PRC) Patent Law.