2. Submit local application (national stage)
3. International search and comment
4. Submit an international application (international stage)
5. Patent authorization
6. Compulsory license for obtaining certificate patent occupies a very important position in the patent system of various countries, and has outstanding practical significance for preventing patentees from unreasonably exercising their exclusive rights, safeguarding national and public interests, and enhancing public welfare.
Patent compulsory license has the following types:
(1) Compulsory license when the patent is not implemented
If a person who has the conditions for patent implementation applies to the patentee for a patent license on reasonable terms and fails to obtain a license within a reasonable period, the applicant may file a compulsory application with the patent licensing administrative department of the State Council.
To obtain such compulsory license, the following conditions must be met: the applicant must request the patentee of the invention or utility model to license the exploitation of his patent under reasonable conditions; The patentee fails to implement or not fully implement his patent for three years from the date of granting the patent right and four years from the date of filing the patent application without justifiable reasons; Such permission must not be obtained within a reasonable time.
(2) Anti-monopoly compulsory license
If the patentee's act of exercising the patent right is recognized as monopoly according to law, in order to eliminate or reduce the adverse impact of the act on competition, it may forcibly authorize others to exploit the patent. Whether it constitutes a monopolistic behavior should be judged according to the Anti-Monopoly Law.
(3) Compulsory license based on public interest.
In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model.
(4) Compulsory licensing of drugs
For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.
(5) Compulsory licensing of subordinate patents
To obtain this compulsory license, the following conditions must be met: compared with the previously patented invention or utility model, the patented invention or utility model has significant technological progress and great economic significance; The implementation of this patent depends on the implementation of the previous invention or utility model.
It should be pointed out that compulsory patent licensing does not apply to designs. The invention-creation involved in compulsory patent licensing is semiconductor technology, and its implementation is limited to the purpose of public interest, which constitutes a monopoly situation.