Meaning, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall report to the State Council for approval.
It is decided to popularize the application within the approved scope and allow the designated units to implement it, and the implementing units shall implement it in accordance with state regulations.
Pay royalties to the patentee.
Compulsory patent promotion has several characteristics:
1, involuntary
The realization of patent popularization and application is not the will of the patentee. When certain conditions appear, government departments can make non-patentees use the patentee's patent according to their functions and powers, and this authorization is often based on the interests of the state and the public.
2. Coexistence of legal compulsion and state intervention;
The types and procedures of patent promotion and application are decided by government departments because of legal provisions, which embodies the legal characteristics of coexistence of legal coercion and state intervention.
3, the way of compensation:
That is, after obtaining the patent promotion and application license, the implementer must pay the patentee a reasonable royalty.
4. Rights are not exclusive:
The promotion and application of the patent is a non-exclusive license, because after the promotion and application of the patent, the patentee still reserves the right to manufacture and import patented products and license others to exploit the patent.