1. Conditions for implementing compulsory licensing my country's Patent Law stipulates: An entity that meets the conditions for implementation requests the invention or utility model patentee for permission to exploit its patent under reasonable conditions, but fails to do so within a reasonable period of time. When such a license is obtained within the time limit, the patent administration department of the State Council may grant a compulsory license to implement the invention patent or utility model patent based on the unit's application.
Specifically, 1. It must be a unit that meets the conditions; such as capital, technology, equipment, factories, technical personnel, etc. Only units that meet these conditions are eligible to apply to exploit the patents of others.
2. The invention or utility model patentee must be asked for permission to exploit his patent under reasonable conditions. Requesting permission to exploit one's patent is actually an exchange relationship. The principles of fairness, equal compensation and economic laws should be followed, and a third party should judge whether it is a reasonable condition from a fair and reasonable standpoint.
3. Failure to obtain the patentee’s permission within a reasonable period of time.
2. Procedures for Compulsory License for Patent Implementation Any unit or individual other than the patent right that wants to apply for a compulsory license needs to comply with the following procedures stipulated in the Patent Law.
1. The applicant must submit a request to the China Patent Office. The unit or individual applying for a compulsory license to implement a patent must submit a "Compulsory License Request" to the China Patent Office, and the request must be accompanied by The applicant must have the certification documents specified in this Law and the applicant’s qualifications to implement the invention patent or utility model patent. Proof of failure to sign an implementation license contract with the patentee on reasonable terms should also be provided in accordance with the provisions of Patent Law 54.
2. The Patent Office shall examine the applicant’s request. After receiving the applicant's request and relevant certificates, the Patent Office shall examine whether the request and relevant certificates are true, and shall promptly notify the patentee to state his opinions within the designated time.
3. The Patent Office shall make corresponding decisions. After listening to the opinions of both the applicant and the patentee, the Patent Office shall make a decision not to allow the applicant to enforce the patent if the patentee has legitimate reasons for not exploiting or permitting others to exploit the patent; conversely, the Patent Office shall make a decision allowing The applicant’s decision to enforce the implementation of this patented invention or utility model.
4. "Register and announce the decision on compulsory licensing." Units or individuals that obtain a compulsory license for implementation do not enjoy exclusive implementation rights. There is no right to allow others to implement it. That is to say, the ownership of the invention patent or utility model patent still belongs to the patentee. The patentee still exploits the patent and also has the right to permit others to implement the compulsory license. Units or individuals shall pay the patentee The amount of reasonable royalties shall be agreed upon by both parties; if the two parties cannot reach an agreement, the amount shall be adjudicated by the Patent Office. Cited legal articles [1] "Measures for Compulsory Licensing for the Exploitation of Patents" Article 4 [2] "Patent Law of the People's Republic of China" Article 48 [3] "Patent Law of the People's Republic of China" Article 4 Article 54