What are the legal provisions for compulsory patent licensing?

Legal analysis: any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. According to the law, the patentee can exploit his own patent or license others to exploit his own patent. At the same time, considering that the patent right is a monopolistic private right, in order to coordinate the possible conflict with the public interest, the patent law also stipulates that the patent administrative department may grant the compulsory license for patent exploitation and the designated (promotion) license approved by the State Council according to law.

Legal basis: Article 73 of the Patent Law of People's Republic of China (PRC). In order to stop patent infringement, the patentee or interested party may apply to the people's court for evidence preservation in the case that the evidence may be lost or difficult to obtain later.

Article 50 Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement the public license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided. Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.

Article 74 The limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer. If the patentee fails to pay an appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.