Issuing unit: State Intellectual Property Office

No.: Order No. 31 of the Director of the State Intellectual Property Office

Issue date: June 13, 2003

p>

Implementation date: July 15, 2003

It has been adopted at the bureau executive meeting and is now announced and will come into effect on July 15, 2003.

June 13, 2003

Chapter 1 General Provisions

Article 1 To regulate the compulsory licensing of invention patents or utility model patents (hereinafter referred to as compulsory licensing) The granting, granting and termination procedures are in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law), the Implementing Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Implementing Rules of the Patent Law) and relevant Laws and regulations, these measures are formulated.

Article 2 The State Intellectual Property Office is responsible for accepting, examining and deciding on compulsory licenses, compulsory license fee awards and requests for termination of compulsory licenses.

Article 3 Application for compulsory license, payment of compulsory license fee and termination of compulsory license shall be made in written form in Chinese.

If the certificates and supporting documents submitted in accordance with these Measures are in a foreign language, the party concerned shall submit a Chinese translation at the same time. If the Chinese translation is not submitted as required, it will be deemed that the certificate and supporting documents have not been submitted.

Article 4: An entity that meets the conditions for implementation requests the holder of an invention or utility model patent to license its patent under reasonable conditions. If the license is not obtained within a reasonable period of time, it may apply for a license in accordance with Article 48 of the Patent Law. Provides for requests for compulsory licenses to exploit invention patents or utility model patents.

If a patented invention or utility model has significant technological progress and significant economic significance compared with a previous patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the patentee shall A compulsory license may be requested to exploit a previous patent in accordance with Article 50 of the Patent Law, and the former patentee may also request a compulsory license to exploit a subsequent patent.

In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the relevant competent departments of the State Council have the right to request the implementation of invention patents or utility model patents in accordance with the provisions of Article 49 of the Patent Law. compulsory license.

Article 5 If the petitioner entrusts a patent agency to request a compulsory license, he shall submit a power of attorney.

If there are two or more petitioners and no patent agency has been appointed, the first petitioner specified in the request shall be the agent, unless otherwise specified in the request.

Chapter 2 Review and Decision of Compulsory License Requests

Article 6 To apply for compulsory license, a compulsory license application shall be submitted to the State Intellectual Property Office, stating the following matters:< /p>

(1) Name and address of the requester.

(2) The nationality of the country where the claimant or its headquarters is located;

(3) The name, patent number, filing date and authorization of the invention patent or utility model patent for which compulsory license is requested Announcement date;

(4) The name of the patentee of the invention patent or utility model patent for which compulsory license is requested;

(5) The reasons and facts for applying for compulsory license;

p>

(6) Relevant matters that the petitioner should indicate when entrusting a patent agency; the name, address, postal code and contact number of the petitioner who has not appointed a patent agency;

(7 ) The signature or seal of the claimant; if an agent is entrusted, the seal of the patent agency shall also be included;

(8) List of additional documents;

(9) Other matters that need attention matter.

The request letter and its attached documents shall be made in duplicate.

Article 7 If a compulsory license request involves multiple invention patents or utility model patents, and if it involves two or more patentees, it shall be submitted separately according to different patentees.

Article 8 If any of the following circumstances occurs, the State Intellectual Property Office will not accept the request for compulsory license and notify the requester:

(1) The invention patent for which compulsory license is requested or The patent number of the utility model patent is unclear or difficult to determine;

(2) The request document is not in Chinese;

(3) There is obviously no reason to request compulsory license.

Article 9 If the request document does not comply with the provisions of Articles 6 and 7 of these Measures, the requester shall make corrections within 15 days from the date of receipt of the notification. If no correction is made upon expiration of the time limit, the request will be deemed not to have been made.

The requester shall pay the compulsory license request fee within one month from the date of filing the request for compulsory license; if it is late or fails to pay in full, the request will be deemed not to have been made.

Article 10 The State Intellectual Property Office shall send a copy of the compulsory license request to the patentee in accordance with the Patent Law, the Implementing Rules of the Patent Law and these Measures. The patentee 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.

Article 11 The State Intellectual Property Office shall examine the reasons stated by the petitioner and the relevant supporting documents submitted. If on-site verification is required, the State Intellectual Property Office shall assign two or more staff members to conduct on-site verification.

If the reasons stated by the applicant and the relevant supporting documents submitted are insufficient or untrue, the State Intellectual Property Office shall notify the applicant before making a decision to reject the request for compulsory license and give him an opportunity to state his opinions. .

Article 12 If the petitioner or patentee requests a hearing, the State Intellectual Property Office shall organize a hearing.

The State Intellectual Property Office shall notify the petitioner, patentee and other interested parties 7 days before the hearing.

Except for matters involving state secrets, commercial secrets or personal privacy, hearings shall be conducted in public.

When the State Intellectual Property Office holds a hearing, the petitioner, the patentee and other interested parties can make arguments and cross-examine.

When a hearing is held, a transcript of the hearing shall be produced and signed or sealed by the hearing participants after confirmation.

If a compulsory license is requested in accordance with Article 49 of the Patent Law, the hearing procedures stipulated in this article shall not apply.

Article 13 If any of the following circumstances occurs, the State Intellectual Property Office shall make a decision to reject the request for compulsory license and notify the requester:

(1) The applicant does not have the qualifications Subject qualifications stipulated in Article 4 of these Measures;

(2) The reason for requesting compulsory license does not comply with the provisions of Articles 48, 49 and 50 of the Patent Law;

p>

(3) The invention-creation involved in the compulsory license request is semiconductor technology, and the reason does not comply with the provisions of Article 72 of the Implementing Rules of the Patent Law.

If the applicant is dissatisfied with the decision to reject the request for compulsory license, he may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.

Article 14 The applicant may withdraw the request for compulsory license at any time. If the requestor withdraws the request before the State Intellectual Property Office makes a decision, the review procedure for the compulsory license request shall be terminated.

If the requester enters into a patent licensing contract with the patentee before the State Intellectual Property Office makes a decision, it shall promptly notify the State Intellectual Property Office and withdraw its request for compulsory license.

Article 15: If the request for compulsory license is reviewed and no reason for rejection is found, the State Intellectual Property Office shall make a decision to grant a compulsory license and explain the following matters:

(1) )The name and address of the individual or entity that obtained the compulsory license;

(2) The name, patent number, application date, and authorization announcement date of the compulsory license for the invention patent or utility model patent;

(3) The scope, scale and duration of the compulsory license;

(4) The reasons, facts and legal basis for the decision;

(5) The seal and seal of the State Intellectual Property Office Signature of the person in charge;

(6) Date of decision;

(7) Other related matters.

The decision to grant a compulsory license shall be promptly notified to the applicant and the patentee.

Article 16 If the patentee is dissatisfied with the decision to grant a compulsory license, he may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.

Article 17 The effective decision to grant a compulsory license shall be registered in the patent register and announced in the Patent Bulletin of the State Intellectual Property Office, the government website and the China Intellectual Property Journal.

Chapter 3 Review and Ruling of Compulsory License Fee Ruling Requests

Article 18 To request the State Intellectual Property Office to grant compulsory license fees, the following conditions must be met:

< p>(1) The decision to grant compulsory license has been announced;

(2) The requester is the patentee or the unit or individual who has obtained the compulsory license;

(3) Both parties Negotiations cannot reach an agreement.

Article 19 When applying for the collection of compulsory license fees, an application for collection of compulsory license fees shall be submitted, stating the following matters:

(1) The name and address of the requester.

(2) The nationality of the claimant or the country where the claimant is headquartered;

(3) The document number of the decision to grant compulsory license;

(4) The person being The name and address of the petitioner;

(5) The reasons for requesting the award of compulsory license fees;

(6) Relevant matters that should be noted when the petitioner entrusts a patent agency; The name, address, postal code and contact number of the claimant who entrusts a patent agency;

(7) The signature or seal of the claimant; if an agent is entrusted, the seal of the patent agency shall also be included;< /p>

(8) List of additional documents;

(9) Other matters that need attention.

Applicants should submit the application and accompanying documents in duplicate.

Article 20 If any of the following circumstances occurs, the State Intellectual Property Office will not accept the request for compulsory license fee award and notify the requester:

(1) Grant of compulsory license The decision is unclear or has not yet been announced;

(2) The request document is not in Chinese;

(3) There is obviously no reason to request the award of compulsory license fees.

Article 21 If the request document does not comply with the provisions of Article 19 of these Measures, the requester shall make corrections within 15 days from the date of receipt of the notice. If no correction is made upon expiration of the time limit, the request will be deemed not to have been made.

The requester shall pay the adjudication request fee for the compulsory license fee within one month from the date of filing the request; if it is late or fails to pay in full, it will be deemed that the request has not been made.

Article 22 The State Intellectual Property Office shall send a copy of the request for compulsory license fee ruling in accordance with the Patent Law, the Implementing Rules of the Patent Law and these Measures to the other party, and the other party shall state its opinions within the designated period.

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 fees, both parties may submit written opinions. The State Intellectual Property Office may hear oral opinions from both parties based on the needs of the case.

Article 23 The requester may withdraw the request for ruling at any time. If the petitioner withdraws the ruling request before the State Intellectual Property Office makes a decision, the ruling procedure will be terminated.

Article 24 The State Intellectual Property Office shall make a decision to grant a compulsory license fee within 3 months from the date of receipt of the request.

Article 25 The decision on the compulsory license fee shall specify the following matters:

(1) The name and address of the individual or unit that obtained the compulsory license;

< p>(2) The name, patent number, application date, and authorization announcement date of the invention patent or utility model patent compulsory license;

(3) The content and reasons of the ruling;

( 4) The seal of the State Intellectual Property Office and the signature of the person in charge;

(5) The date of decision;

(6) Other related matters.

The parties shall be promptly notified of the award of the compulsory license fee.

Article 26 The patentee and the unit or individual who has obtained the compulsory license may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.

Chapter 4 Review and Decision on Termination of Compulsory License Request

Article 27 When the compulsory license period specified in the compulsory licensing decision expires, the compulsory license shall be automatically terminated.

If the compulsory license is automatically terminated, the State Intellectual Property Office will register it in the patent register and make an announcement in the Patent Bulletin of the State Intellectual Property Office, the government website, and the China Intellectual Property Journal.

Article 28 If the reasons for a compulsory license are eliminated and will no longer occur before the expiration of the compulsory license period stipulated in the decision to grant a compulsory license, the patentee may request the State Intellectual Property Office to terminate the compulsory license. Decide.

If you request to terminate the compulsory license, you should submit a written request to terminate the compulsory license, specifying the following matters:

(1) The name and address of the patentee;

< p>(2) The nationality of the patentee or the country where its headquarters is located;

(3) The document number of the decision to grant a compulsory license requiring termination;

(4) Request for termination The reasons and facts for compulsory licensing;

(5) Relevant matters that the patentee should indicate when entrusting a patent agency; the name, address, postal code and contact of the patentee who has not entrusted a patent agency. Telephone number;

(6) Signature or seal of the patentee; if entrusting an agent, the seal of the patent agency shall also be provided;

(7) List of additional documents;

(7) List of additional documents;

p>

(8) Other matters that need attention.

The patentee shall submit the request and its additional documents in duplicate.

Article 29 Under any of the following circumstances, the State Intellectual Property Office will not accept the request to terminate the compulsory license and notify the requester:

(1) The requester is not The obligee of a compulsorily licensed invention patent or utility model patent;

(2) The document number of the decision to grant a compulsory license that does not indicate the request for termination;

(3) Request documents Not using Chinese;

(4) There is obviously no reason to terminate the compulsory license.

Article 30 If the request document for terminating compulsory license does not comply with the provisions of Article 28 of these Measures, the requester shall make corrections within 15 days from the date of receipt of the notice. If no correction is made upon expiration of the time limit, the request will be deemed not to have been made.

Article 31 For a request to terminate a compulsory license in accordance with the provisions of these Measures, the State Intellectual Property Office shall send a copy of the request to the unit or individual that obtained the compulsory license. The unit or individual that has obtained the compulsory license shall state its opinions within the prescribed time limit. Failure to respond within the time limit will not affect the decision made by the State Intellectual Property Office.

Article 32 The State Intellectual Property Office shall examine the reasons stated by the patentee and the relevant supporting documents submitted. If on-site verification is required, the State Intellectual Property Office shall assign two or more staff members to conduct on-site verification.

If the reasons stated by the patentee and the relevant supporting documents submitted are insufficient or untrue, the State Intellectual Property Office shall notify the patentee before making a decision and give him an opportunity to state his opinions.

Article 33: If the reason for the request to terminate the compulsory license is deemed invalid after review, the State Intellectual Property Office shall make a decision to reject the request to terminate the compulsory license.

If the patentee is dissatisfied with the decision to reject the request to terminate the compulsory license, he may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.

Article 34 The patentee may withdraw the request to terminate the compulsory license at any time. If the patentee withdraws the request before the State Intellectual Property Office makes a decision, the relevant procedures will be terminated.

Article 35: If a request to terminate a compulsory license is reviewed and no reason for rejection is found, the State Intellectual Property Office shall make a decision to terminate the compulsory license and explain the following matters:

(1) The name and address of the patentee;

(2) The name and address of the individual or unit that has obtained the compulsory license;

(3) Invention patent or utility model patent The name, patent number, application date, and authorization announcement date;

(4) The document number of the decision to grant compulsory license;

(5) The factual and legal basis for the decision;

p>

(6) The seal of the State Intellectual Property Office and the signature of the person in charge;

(7) The date of decision;

(8) Other related matters.

The decision to terminate the compulsory license request shall be promptly notified to the patentee and the unit or individual who obtained the compulsory license.

Article 36 If a unit or individual that has obtained a compulsory license is dissatisfied with the decision to terminate the compulsory license, it may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.

Article 37 The effective decision to terminate the compulsory license shall be registered in the patent register and announced in the Patent Bulletin of the State Intellectual Property Office, the government website and the China Intellectual Property News.

Chapter 5 Supplementary Provisions

Article 38 The State Intellectual Property Office is responsible for the interpretation of these Measures.

Article 39 These Measures shall come into effect on July 15, 2003.