The provisions of the Patent Law on the object of compulsory license: If there is an invention patent of an enterprise or institution that is of great significance to the national interest or public interest, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.
Legal objectivity:
Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and upon the application of a unit or individual who has the conditions for implementation, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent: (1) The patentee has not exploited or fully exploited his patent for three years from the date of granting the patent right, and for four years from the date of patent application, without justifiable reasons; (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.