An invention is a technical solution exclusively protected by the invention owner through patent licensing. Patent owners have the exclusive right to use this technical solution to produce active goods for personal use, mainly for commercial purposes, which no one has the right to infringe upon. However, in some cases, the right to use an invention is transferred to another organization or individual to use under a decision of a competent state agency without the consent of the holder of exclusive rights to use it. patent application.
- Bases for compulsory licensing of inventions
The exclusive right to use an invention must be transferred to other organizations and individuals for use according to a decision of a competent state agency without the consent of the holder of exclusive right to use the invention in such schools match:
- The use of inventions for public purposes; non-commercial; serving national defense and security; prevention; Healing; nutrition for the people; or meet the urgent needs of society.
- The holder of exclusive right to use an invention shall not fulfill the obligation to use the invention after four years from the date of filing of the patent application and end three years from the date of issuance of the invention patent.
- A person wishing to use an invention cannot reach an agreement with the exclusive patent holder about signing a patent contract. Although tried to negotiate with reasonable prices and trade terms for a reasonable time.
- The holder of exclusive right to use an invention is considered to be prohibited from performing competition activities in accordance with the competition law.
- Required conditions for compulsory licensing of inventions
The right to use inventions transferred under the decision of a competent state agency must satisfy the following conditions:
- The right to use is non-exclusive.
- The right to use the license is limited only to the extent and duration sufficient to meet the transfer goal. And mainly to supply to the domestic market. Except where the holder of exclusive right to use an invention is deemed to be prohibited from performing competition restriction acts in accordance with the competition law.
- For inventions in the field of semiconductor technology, the transfer of the right to use is only for public, non-commercial purposes or to handle anti-competitive acts in accordance with the competition law;
- The licensee must not assign that right to another person. Except in the case of a transfer with your property. And do not transfer your secondary use rights to others.
- The licensee must pay the holder of the exclusive right to use the invention a satisfactory compensation. Depending on the economic value of the right to use it in each specific case. In accordance with the compensation frame set by the Government.
In addition to the above conditions, in case of the dependent invention, it creates an important technical progress in comparison with the basic invention and has great economic significance. The right to use a patent shall be also subject to the following conditions:
The holder of exclusive right to use a basic invention is also granted the right to use the invention subject to reasonable conditions.
The licensee shall not assign such patent rights. Except for the case of the assignment together with all rights to the dependent invention.