What is the concept and meaning of "compulsory licensing system" in patent law?

Compulsory license, also known as involuntary license, is a legal system in which the state patent administration department authorizes others to exploit the invention or utility model patent without the consent of the patentee according to the specific circumstances. China's patent law stipulates three situations of compulsory license:

1. Compulsory license for patent abuse

According to Article 48 of China's Patent Law, if a unit with implementation conditions requests the patentee of an invention or utility model to exploit its patent on reasonable terms, but fails to obtain the license within a reasonable time, the patent administration department in the State Council may grant a compulsory license to exploit the patented invention or utility model upon the application of the unit.

2. Compulsory license for public purposes

Article 49 of China's Patent Law stipulates that in case of national emergency or extraordinary circumstances, or for public purposes, the administrative department for patent in the State Council shall grant compulsory license to exploit the patent or utility model patent. The so-called "emergency or extraordinary situation" generally refers to war, social unrest, natural disasters and so on.

3. Compulsory licensing of subordinate patents

Compulsory licensing of subordinate patents, also known as cross licensing. It is a compulsory licensing system based on the interdependence of patents and beneficial to the development of science and technology. Article 50 of China's patent law has made clear provisions.