What are the conditions and procedures for compulsory patent licensing?

Legal analysis: The conditions of compulsory patent license include: 1, which must be a qualified unit, such as capital, technology, equipment, factories, technicians, etc. Only units with these conditions are eligible to apply for the exploitation of other people's patents. 2. The patentee of an invention or utility model must be required to license the exploitation of his patent under reasonable conditions.

Legal basis: Article 5 of the Measures for Compulsory Licensing of Patent Implementation. Where the patentee fails to exploit or not fully exploit his patent for three years from the date of the grant of the patent right or four years from the date of the filing of the patent application without justifiable reasons, the entity or individual with the conditions for exploitation may request a compulsory license in accordance with the first paragraph of Article 48 of the Patent Law.

Where the patentee's act of exercising the patent right is recognized as a monopolistic act according to law, in order to eliminate or reduce the adverse impact of the act on competition, the unit or individual with the implementation conditions may request a compulsory license in accordance with the second paragraph of Article 48 of the Patent Law.