What is the duration of compulsory licensing of patent right?
The legal definition of compulsory license of patent right is that according to Chinese laws, the patent authorities in the State Council can allow other individuals or units to use the patent right without the consent of the patentee. This kind of compulsory license is also called involuntary license. So how long is the period of compulsory licensing of patent right? What is the compulsory licensing period of patent right? If the patentee does not use the patent within a certain period of time, and there is no proper or sufficient reason to make full use of the patent, then the state can exercise compulsory license, or the patentee's use of the patent has formed a monopoly situation in the market. In order to maintain the stability of the trading market, the state can exercise compulsory licensing, which can also eliminate some adverse effects brought by commercial competition. In other cases, China is experiencing some unexpected events. In order to maintain social stability or public interests, the state may implement compulsory licensing. Generally speaking, the emergence of drugs with utility models or invention patents has a very good impact on human health. Perhaps this kind of drug will monopolize the market when it enters the market. Under normal circumstances, China will also give compulsory licenses to some countries or regions with reference to relevant international treaties. If the state announces the compulsory license of patent to the society, it will generally show the patent to everyone by announcement. Compulsory licensing may affect the interests of the invention patent owners to a certain extent, but generally, the reasons for compulsory licensing by the relevant patent departments in the State Council are public considerations and personal interests. The duration of patent right is not as strong as real estate or some special movable property. The term is permanent. Generally speaking, the patent right will have a certain time limit. After the patent expires, the patentee may apply to the relevant government departments for renewal.