Specific procedures for the award of patent compulsory license fee.
With regard to the specific procedures for requesting adjudication of compulsory patent licensing fees, according to relevant regulations, China National Intellectual Property Administration is responsible for reviewing and adjudicating the requests for adjudication of compulsory patent licensing fees. So what is the specific procedure for requesting a ruling on the compulsory patent license fee? Specific procedures for requesting adjudication of patent compulsory license fees If you need professional patent services, Bajie Intellectual Property will help you! Bajie's intellectual property business has developed rapidly, focusing on trademark, patent, copyright, domain name and other intellectual property business directions. Bajie's intellectual property patent application and patent transfer agency services have been recognized by the industry. For patent transfer and patent application transaction, please consult Bajie Intellectual Property Customer Service as soon as possible. Specific Procedures for Requesting the Grant of Patent Compulsory License Royalty (1) The requester makes a request to China National Intellectual Property Administration and pays the request fee for the grant of compulsory license royalty within 65,438+0 months from the date of the request; If the payment is overdue or not paid in full, it shall be deemed that no request has been made; (2) China National Intellectual Property Administration shall send a copy of the request to the other party in accordance with the Patent Law, the detailed rules for the implementation of the Patent Law and these Measures, and the other party shall state its opinions within the specified time limit. Failing to reply within the time limit will not affect China National Intellectual Property Administration's decision; During the ruling period of compulsory license fee, both parties may submit written opinions. China National Intellectual Property Administration can listen to the oral opinions of both parties according to the needs of the case; (3) The claimant may withdraw his request for adjudication at any time. If the applicant withdraws his ruling request before China National Intellectual Property Administration makes a decision, the ruling procedure shall be terminated; (4) China National Intellectual Property Administration shall make a decision on the compulsory license fee within 3 months from the date of receiving the request, and notify both parties of the decision on the compulsory license fee in time; (5) If the patentee and the unit or individual that has obtained the compulsory license are not satisfied with the decision on the compulsory license fee, they may bring a suit in a people's court within 3 months from the date of receiving the notice.