1. Cross-licensing of patent rights stipulates that Cross-Licence is also called mutual licensing, which means that a patented invention or utility model has significant economic significance compared with the previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model. The patent administration department in the State Council may grant a compulsory license for the invention or utility model before its implementation upon the application of the post-patentee, and the patent administration department in the State Council may also grant a compulsory license for the invention or utility model after its implementation upon the application of the post-patentee. Units or individuals that have obtained the compulsory license for implementation do not enjoy the exclusive right of implementation, nor have the right to allow others to implement it. Compulsory license is to restrict the patentee from abusing the patent right, not to deprive others of the patent right, and the beneficiary of the permitted implementation is not the patentee. If the beneficiary also has the complete rights of the patentee, it will violate the purpose of patent law to protect patents and is not conducive to the purpose of encouraging inventions.
II. Conditions for applying for cross compulsory license The following requirements must be met when applying for cross compulsory license: 1. Object requirements. Cross compulsory license only applies to patents of invention and utility model, but not to patents of design. 2. The latter patent must be based on the former patent and constitute a significant technological progress with significant economic significance compared with the former patent. 3. The applicant must be two patentees before and after, and the former patentee applying for compulsory license of the latter patent must satisfy that his patent has been compulsory licensed to the latter patentee. In addition, the compulsory license for non-patentees to obtain patents is limited by time and scope. If the reasons for compulsory license no longer exist, then the patentee can terminate the compulsory license.
III. General compulsory license and special compulsory license (1) General compulsory license refers to that when a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent under reasonable conditions, but fails to obtain such license within a reasonable time, the patent administration department of the State Council grants the patent for invention or utility model a compulsory license according to the application of the unit. The application of general compulsory license must meet the following conditions: 1. The applicant is a unit or individual with the implementation conditions. The units here should be understood as units engaged in production and operation, and administrative units cannot apply. 2. The object of applying for compulsory license is the invention and utility model patent, not the design patent. 3. The patentee's failure to implement or fully implement his patent or the patentee's exercise of the patent right for three years from the date of granting the patent right and four years from the date of filing the patent application is recognized as monopolistic behavior according to law, in order to eliminate or reduce the adverse impact of this behavior on competition. (2) Special compulsory license of patent right means that when special circumstances stipulated by law appear, for the benefit of the state and society, the Patent Office has the right to decide to grant compulsory license to the patentee's patent, so as to maintain social stability and protect public interests. Special compulsory license specifically includes: 1. Compulsory license in case of national emergency or extraordinary circumstances or for public purposes. 2. Compulsory licensing of pharmaceutical patents for public health purposes. 3. Compulsory licensing of semiconductor technology. From the above, we can know that cross compulsory licensing of patent rights, also known as mutual licensing, is a patent license based on the development and innovation of existing technology.