There are three ways to restrict the patent right: (1) Compulsory license under reasonable conditions. Article 48 of the Patent Law stipulates: "If a unit with implementation conditions requests the patentee of an invention or utility model to exploit its patent under reasonable conditions, but fails to obtain a license within a reasonable time, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent according to the application of the unit." This article provides for compulsory license under reasonable conditions. The application for compulsory license shall meet the following conditions: a, the person applying for compulsory license can only be a unit, not an individual; B the time for applying for compulsory license must be three years after the date of granting the patent right; C, the object of applying for compulsory license can only be a patent for invention or utility model, not a patent for design; D. When applying to the patent administrative department of the State Council for the compulsory license, the applicant must provide relevant evidence to prove that it has the conditions for implementation and has failed to reach an implementation license agreement with the patentee on reasonable conditions within a reasonable period of time. (2) Article 49 of the National Compulsory License Patent Law stipulates that in case of national emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit a patent for invention or utility model. (III) Compulsory License of Dependent Patents Article 50 of the Patent Law stipulates that an invention or utility model that has obtained a patent right (the latter patent) has significant economic significance and significant technological progress compared with an invention or utility model that has already obtained a patent right (the former patent), and its implementation depends on the implementation of the former patent. The patent administration department in the State Council may grant a compulsory license to exploit the former invention or utility model upon the application of the patentee of the latter patent. At the same time, the former patentee has the right to obtain a compulsory license to use the invention or utility model in the latter patent under reasonable conditions. When applying to the patent administration department of the State Council for compulsory license to exploit a patent for invention or utility model, the applicant shall submit proof that he has not signed a license contract with the patentee on reasonable terms. Only when the applicant has conducted normal negotiations with the patentee, but has not obtained the normal license under reasonable conditions, can the applicant file a compulsory license request with the patent administration department of the State Council. The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. The enforcement right obtained by a unit or individual who has obtained a compulsory license is a general enforcement right and does not enjoy an exclusive enforcement right; Moreover, it can only be implemented by the compulsory license implementer himself, and no third party is allowed to implement it. A unit or individual that has obtained a compulsory license for exploitation shall pay a reasonable royalty to the patentee.
Legal objectivity:
120265438 article 54 of the patent law, which came into effect on June 6, 2002, in case of national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit the invention patent or utility model patent. Article 55 For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party. Article 56 Where an invention or utility model for which a patent right has been obtained is a major technological progress with great economic significance compared with the invention or utility model for which a patent right has been obtained before, 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.