The certificates and supporting documents submitted in accordance with these Measures are in foreign languages, and the parties concerned shall also submit Chinese translations. Failure to submit a Chinese translation as required shall be deemed as failure to submit certificates and supporting documents. Article 4 Where a unit that has the conditions for implementation requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, and fails to obtain the license within a reasonable time, it may request a compulsory license to exploit the invention patent or utility model patent in accordance with the provisions of Article 48 of the Patent Law.
Where a patented invention or utility model is a major technological progress with great economic significance compared with the previous patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the patentee may request a compulsory license to exploit the previous patent in accordance with the provisions of Article 50 of the Patent Law, and the previous patentee may also request a compulsory license to exploit the latter patent.
In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the relevant authorities in the State Council have the right to request the compulsory license for the invention patent or utility model patent in accordance with the provisions of Article 49 of the Patent Law. Article 5 Where the claimant entrusts a patent agency to make a request for compulsory license, it shall submit a power of attorney indicating the authorized authority.
If there are more than two claimants who have not entrusted a patent agency, unless otherwise stipulated in the request, the first claimant designated in the request shall be the representative. Chapter II Examination and Decision on the Request for Compulsory License Article 6 Anyone who requests a compulsory license shall submit a written request for compulsory license to China National Intellectual Property Administration, and specify the following items:
(1) The name and address of the claimant;
(2) the nationality of the applicant or the country where its headquarters is located;
(3) the name, patent number, application date and authorization announcement date of the invention patent or utility model patent for which compulsory license is requested;
(4) The name of the patentee of the invention patent or utility model patent for which compulsory license is requested;
(5) Reasons and facts for requesting compulsory license;
(6) Where the applicant entrusts a patent agency, relevant matters that shall be indicated; If the applicant has not entrusted a patent agency, the name, address, postal code and telephone number of the contact person;
(seven) the signature or seal of the claimant; If an agency is entrusted, it shall also have the seal of the patent agency;
(8) List of attached documents;
(nine) other matters that need to be indicated.
The request and its attached documents shall be made in duplicate. Article 7 Where the request for compulsory license involves multiple patents for inventions or utility models and more than two patentees, the request shall be made separately according to different patentees. Eighth in any of the following circumstances, China National Intellectual Property Administration will not accept the request for compulsory license, and notify the requester:
(1) The patent number of the invention patent or utility model patent for which compulsory license is requested is unclear or difficult to determine;
(2) The request document is not in Chinese;
(3) There is obviously no reason for requesting compulsory license. Article 9 If the request documents do not conform to the provisions of Articles 6 and 7 of these Measures, the requester shall make corrections within 5 days from the date of receiving the notice. If no correction is made within the time limit, the request shall be deemed not to have been made.
The claimant shall pay the compulsory license request fee within 0 months from the date of filing the compulsory license request; Failing to pay or not paying in full within the time limit shall be deemed as not making a request. Article 10 China National Intellectual Property Administration shall send a copy of the compulsory license request to the patentee in accordance with the Patent Law, the detailed rules for the implementation of the Patent Law and these Measures. The patentee shall state his opinions within the specified time limit. Failure to reply at the expiration of the time limit will not affect China National Intellectual Property Administration's decision. Eleventh China National Intellectual Property Administration shall examine the reasons stated by the claimant and the relevant supporting documents submitted. If on-site inspection is required, China National Intellectual Property Administration shall assign two or more staff to conduct on-site inspection.
If the reasons stated by the claimant and the relevant supporting documents submitted are insufficient or untrue, China National Intellectual Property Administration shall notify the claimant before making a decision to reject the compulsory license request and give him an opportunity to state his opinions. Article 12 If the claimant or patentee requests a hearing, the hearing shall be organized by China National Intellectual Property Administration.
China National Intellectual Property Administration shall notify the claimant, the patentee and other interested parties 7 days before the opening of the court session.
The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy.
When a court session is held in China National Intellectual Property Administration, the claimant, the patentee and other interested parties may defend themselves and cross-examine.
When a hearing is held, a record of the hearing shall be made and signed or sealed by the participants after confirmation.
Where a compulsory license is requested in accordance with Article 49 of the Patent Law, the hearing procedure specified in this Article shall not apply.