A unit that has the conditions for implementation requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, but fails to obtain the license within a reasonable time. Conditional units here; Such as capital, technology, equipment, factories and technicians. Only units with these conditions are eligible to apply for the exploitation of other people's patents. First, request the patentee of an invention or utility model to license the exploitation of its patent under reasonable conditions. In fact, requesting permission to exploit its patent is an exchange relationship, which should abide by the principles of fairness, equal compensation and economic law, and judge whether it is a reasonable condition with a third party from a fair and reasonable standpoint. Finally, the unit requesting permission failed to obtain the permission of the patentee within a reasonable time.
Legal basis: Article 49 of the Patent Law of People's Republic of China (PRC). 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.