What are the types of compulsory licensing of patent rights?

Legal analysis: 1, general compulsory license. Refers to the unit that has the implementation conditions to request the patentee of the invention or utility model to license its patent implementation on reasonable conditions, but fails to obtain the license within a reasonable time, and the patent administration department of the State Council grants the invention patent or utility model a compulsory license according to the application of the unit.

2. Special compulsory license. When there are special circumstances stipulated by law, for the benefit of the country and society, the Patent Office has the right to decide to grant compulsory license to the patentee's patent, so as to maintain social stability and protect public interests.

3. Cross compulsory licensing, also known as mutual licensing.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 53 Under any of the following circumstances, the administrative department for patent in the State Council 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 implementation:

(1) It has been three years since the patent right was granted and four years since the patent application was filed, and the patentee has not implemented or not fully implemented his patent;

(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.

Article 54 In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit a patent for invention or utility model.