Compulsory licensing conditions of patent law

The conditions for compulsory license are as follows: 1. Must be a unit with funds, talents, technology and other conditions. 2. The patentee of an invention or utility model must be required to license the exploitation of his patent on fair and reasonable terms. 3. Failure to obtain the permission of the patentee within a reasonable period of time. Article 45 of the Patent Law: Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law. Article 48 of the Patent Law of People's Republic of China (PRC)? Under any of the following circumstances, the the State Council Patent Administration Department 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 exploitation: (1) The patentee has not exploited or fully exploited his patent for three years since the date of patent grant, and for four years since the date of patent application; (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.