Specific procedures for requesting a ruling on royalties for compulsory patent licenses

(1) The requester submits a request to the State Intellectual Property Office and pays the ruling request fee for the compulsory license fee within one month from the date of filing the request; if the request is overdue or not paid in full, , the request is deemed not to have been made; specific procedures for requesting a ruling on royalties for compulsory patent licenses (2) For requests for ruling on royalties for compulsory licenses that comply with the provisions of the Patent Law, the Implementing Rules of the Patent Law and the Measures, the National Intellectual Property Rights The Bureau shall send a copy of the request to the other party, and the other party shall state its opinions within the specified time limit. Failure to respond within the time limit will not affect the decision made by the State Intellectual Property Office; during the adjudication process of compulsory license royalties, both parties may submit written opinions. The State Intellectual Property Office may listen to the oral opinions of both parties based on the needs of the case; (3) The requester may withdraw its request for a ruling at any time. If the requester withdraws his or her ruling request before the State Intellectual Property Office makes a decision, the ruling procedure shall be terminated; (4) The State Intellectual Property Office shall make a decision on the compulsory license royalty within 3 months from the date of receipt of the request, and The decision on the royalty fee for compulsory license shall be notified to both parties in a timely manner; (5) If the patentee and the unit or individual who obtained the compulsory license are dissatisfied with the decision on the royalty fee for compulsory license, they may file a lawsuit within 3 months from the date of receipt of the notice. File a lawsuit within the People's Court.