Invention patents of collectively-owned units and individuals in China are of great significance to national interests or public interests, and need to be popularized and applied, with reference to the provisions of the preceding paragraph. Explanation: This article is about the provision of "designated license" for the exploitation of the designated license for invention patents, which contains the following meanings:
1. Patents that can be the object of "designated license" are limited to invention patents, excluding utility model patents and design patents. Because the designated license is a restriction on the exclusive right of the patentee, it can only be used unless it is really necessary. However, utility models and design patents do not necessarily have to be licensed by designation. Therefore, this article limits the designated licensed object to the invention patent.
Two, the invention patent that can be used as the designated license object, in principle, is limited to the invention patent of the state-owned enterprises and institutions as the patentee. The ultimate owner of the property of state-owned enterprises and institutions is the state, and state-owned enterprises and institutions enjoy legal person property rights.
Three, the state-designated license for invention patents of state-owned enterprises and institutions can only be an exception to the voluntary license right that state-owned enterprises and institutions should enjoy as patentees.
This kind of designated license must be clear and reasonable, and the interests of state-owned units as patentees must be considered, and legal procedures must be fulfilled. Four, the designated implementation unit of the patent right is not obtained free of charge, the implementation unit shall pay the royalties to the patentee in accordance with state regulations.