The State Intellectual Property Office is responsible for the review and adjudication of requests for compulsory license royalties. Requests for a ruling on compulsory license royalties shall be made in writing in Chinese. If the certificates and certification documents submitted are in foreign languages, the parties concerned shall submit Chinese translations at the same time. If the Chinese translation is not submitted as required, it will be deemed that the certificate and supporting documents have not been submitted. To request the State Intellectual Property Office to adjudicate the compulsory license royalties, the following conditions must be met: (1) The decision to grant the compulsory license has been announced; (2) The requester is the patentee or the unit or individual who has obtained the compulsory license; (3) The two parties could not reach an agreement after consultation.
Legal Basis
Article 26 of the Patent Law of the People's Republic of China
To apply for an invention or utility model patent, a request must be submitted Documents such as book, description, abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.