1. The term of compulsory licensing of patent right is three years. 2. If the patentee fails to implement or fully implement his patent for three years from the date of being granted the patent right and four years from the date of applying for a patent, the administrative department for patent in the State Council may grant a compulsory license to exploit the invention patent or utility model patent upon the application of a unit or individual with the conditions for implementation.
Legal objectivity:
Article 3 of the Civil Code stipulates that the patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.