Examination and decision on termination of compulsory license for patent exploitation

Examination and decision on termination of compulsory license for patent exploitation. According to China's Measures for Compulsory Licensing of Patent Implementation, China National Intellectual Property Administration will review the reasons stated by the patentee and the relevant supporting documents after the patentee requests to terminate the compulsory patent license. 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 patentee and the relevant supporting documents submitted are insufficient or untrue, China National Intellectual Property Administration shall notify the patentee before making a decision and give him an opportunity to state his opinions. Examination and decision on termination of compulsory license for patent exploitation after examination, if the reason for requesting termination of compulsory license is untenable, China National Intellectual Property Administration shall make a decision to reject the request for termination of compulsory license. If the patentee refuses to accept the decision to reject the request for termination of compulsory license, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice. If it is not found that the request to terminate the compulsory license is rejected after examination, China National Intellectual Property Administration shall make a decision to terminate the compulsory license, stating the following items: (1) the name and address of the patentee; (two) the name and address of the individual or unit that has obtained the compulsory license; (3) the name, patent number, application date and authorization announcement date of the invention patent or utility model patent; (4) The document number of the decision to grant compulsory license; (five) the facts and legal basis of the decision; (six) the seal of China National Intellectual Property Administration and the signature of the person in charge; (7) Date of decision; (8) Other related matters. The decision to terminate the compulsory license request shall be promptly notified to the patentee and the unit or individual that has obtained the compulsory license. If the unit or individual that has obtained the compulsory license refuses to accept the decision to terminate the compulsory license, it may bring a lawsuit to the people's court within 3 months from the date of receiving the notice. The effective decision to terminate the compulsory license shall be registered in the patent register, and announced in the China National Intellectual Property Administration Patent Bulletin, the government website and the China Intellectual Property News. The patentee may also withdraw his request to terminate the compulsory license at any time. Where the patentee withdraws his request before China National Intellectual Property Administration makes a decision, the relevant procedures shall be terminated.