What is the compulsory license for patent promotion and application and patent implementation?

Legal analysis: The popularization and application of patent is an invention patent of state-owned enterprises and institutions, which can be popularized and applied within the approved scope with the approval of the State Council. Compulsory licensing of patent exploitation is an act that the patent administrative department of the State Council allows other units or individuals to exploit their inventions and creations without the consent of the patentee.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 14 Where an invention patent of a state-owned enterprise or institution is of great significance to national interests or public interests, with the approval of the State Council, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.

Article 48 Under any of the following circumstances, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model upon the application of a unit or individual with the conditions for implementation:

(1) It has been three years since the patent right was granted and four years since the patent application was filed, and the patentee has not implemented or not fully implemented his patent;

(2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.