Compulsory licensing conditions of the patent law:
1. The patentee has not implemented or fully implemented it for three years from the date of granting the patent right and four years from the date of filing the patent application;
2. 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 this act on competitors;
3. Failure to obtain the permission of the patentee within a reasonable long time.
In case of national emergency or extraordinary situation, or for the purpose of public interests, the patent administration department in the State Council may grant compulsory license to exploit the invention patent or utility model patent. For example, the patentee's act of exercising the patent right is legally recognized as monopolistic, in order to eliminate or reduce the adverse effects of this act on competition.
Legal basis
Article 71 of the Patent Law of the People's Republic of China
The amount of compensation for patent infringement shall be determined according to the actual loss suffered by the obligee due to infringement or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee. For intentional infringement of the patent right, if the circumstances are serious, the amount of compensation can be determined at least one time but not more than five times the amount determined according to the above method.
if it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine to pay compensation ranging from 3, yuan to 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, and other factors.
the amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.
in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.