The so-called subordinate patent refers to the technical subordinate relationship between the two patents before and after, and the technical scheme protected by the claim of the latter patent belongs to the patent protection scope of the earlier patent. The so-called compulsory licensing of subordinate patents refers to the invention or utility model that has obtained the patent right. Compared with the invention or utility model that has obtained the patent right, it is a significant technological progress with obvious economic significance, and its practical application depends on the implementation of the previous invention or utility model. China National Intellectual Property Administration may, upon the application of the patentee of the previous invention or utility model, grant a compulsory license to exploit the previous invention or utility model.
Legal objectivity:
The so-called compulsory license of patent right refers to the right that the government gives to a third person except the patentee to exploit the patent. According to the provisions of China's patent law, there are three situations in which compulsory license can be granted: 1. The patentee fails to license others to exploit his patent on reasonable terms within a reasonable period of time, that is, the unit with implementation conditions requests the patentee to license his patent on reasonable terms, and has not obtained the license for three years from the date of the patent right being granted. For example, a power company invented a very advanced power generation method and obtained a patent right. Your company wants to realize its technology through patent transfer, but it has not obtained permission. If the patent right has not been granted for three years from the date when it was granted, it may apply to the patent administration department of the State Council for a compulsory license for patent exploitation. 2, the implementation of the latter patent depends on the implementation of the previous patent. It should be pointed out that compulsory license only applies to invention patents and utility model patents, and there is no compulsory license for design. A unit or individual that has obtained a compulsory license for exploitation does not have the exclusive right to exploit it, nor does it have the right to allow others to exploit it. It shall pay a reasonable royalty to the patentee. 3. There is a state of emergency or other unexpected events in the country, or it is used for non-commercial purposes to benefit the public. (For example, SARS broke out in China this year. If a company owns the patented technology of SARS drugs, although it has patent protection, it can also be produced by other companies through compulsory license. )