(June 13, 2003 the State intellectual property Office published 31st) Chapter I General provisions article specification for invention or utility model patents compulsory licenses (hereinafter referred to as compulsory licensing), costs award and termination of proceedings, in accordance with the People's Republic of China patent law (hereinafter referred to as patent law), the People's Republic of China implementing regulations of the patent law (hereinafter referred to as rules for the implementation of the patent law), as well as relevant laws and regulations, these measures are formulated.
    Article II, State intellectual property office is responsible for receiving and reviewing the compulsory licensing, compulsory licensing fees ruling and terminate the compulsory license request and make a decision.
    Article requests for granting a compulsory licence, request a ruling compulsory license fee and request termination of compulsory licenses, you should use the Chinese language in written form. Proof of documents submitted in accordance with these measures, is in a foreign language, the Parties shall submit a translation.
    Chinese translation is not submitted as required, and shall be deemed not to submit the documents, supporting documents.
    Fourth implementation unit to request on reasonable terms invention or utility model patent holder licenses its patents, which cannot be obtained within a reasonable length of time of such permits, according to the 48th of the patent law request for invention or utility model patent compulsory licensing.
    A items made patent of invention or practical new than Qian has made patent of invention or practical new has significantly economic meaning of major technology progress, its implementation and depends on Qian a invention or practical new of implementation of, the patent people can according to patent law 50th article of provides requests give implementation Qian a patent of forced license, Qian a patent people also can requests give implementation Hou a patent of forced license.
    In a national emergency or extraordinary State of affairs occurs, or where the public interest objective, relevant departments under the State Council are entitled to according to the 49th of the patent law request for invention or utility model patent compulsory licensing.
    Article fifth claimant to request compulsory licensing appoints a patent Agency shall submit a power of Attorney, giving delegated authority.
    Claimant has more than two and has not appointed a patent Agency, unless otherwise stated in the petition, but named first in the request the claimant to the representative.
    Second chapter forced license requests of review and decided sixth article requests give forced license of, should to national intellectual property Council submitted forced license requests book, stated following the: (a) requests people of name or name, and address; (ii) requests people of nationality or its headquarters where of national; (three) was requests forced license of invention patent or practical new patent of name, and patent,, and application day and the authorized announcement day; (four) was requests forced license of invention patent or practical new patent of patent people name or name;
    (Five) requests give forced license of reason and facts; (six) requests people delegate patent agent institutions of, should indicate of about matters; requests people not delegate patent agent institutions of, its contact people of name, and address, and postal code and the contact phone; (seven) requests people of signed or sealed; delegate agent institutions of, also should has the patent agent institutions of sealed; (eight) additional file listing; (nine) other need indicate of matters.
    Request and any additional files should be in duplicate.
    Seventh compulsory license request relates to a number of invention patent or utility model patent, involving two or more of the patentee, requests shall be submitted separately for the different patent owners.
    Eighth compulsory license request any of the following circumstances, the State intellectual property office was inadmissible, and notify the claimant: (a) requested a compulsory license of patent patent or utility patent is unclear or difficult to determine, and (b) requesting documents do not use Chinese, (iii) does not have the requested a compulsory license for obvious reasons. Nineth requested file does not conform to the way sixth and seventh article, the petitioner shall, from the date of receipt of the notification within the 15th for corrections.
    Expiration of the correction is not made, the request is considered to have not been filed.
    Claimants requesting compulsory license shall within 1 month from the date of payment of compulsory licensing fee for requesting; if not paid or not paid in full, the request is considered to have not been filed. Article tenth in line with patent law, patent law implementation rules and request for compulsory licensing as provided herein, the State intellectual property office copy of the request should be sent to the patentee. Heard by the patentee shall, within a specified period.
    Did not reply to the expiration does not affect the State intellectual property Office decision. 11th national intellectual property offices should request one for the reasons stated and submission of supporting documents for review.
    Need on-site verification, State Bureau of intellectual property rights should be assigned more staff on-site.
    Claimant for the reasons stated and submit all supporting documents are not adequate or not real, dismissed by the State intellectual property office, in making decision shall notify the applicant of the compulsory license request, the opportunity to give its statement.
    12th applicant or patentee requests a hearing, the hearing organized by the State intellectual property office.
    State intellectual property office requests for hearing shall be held in the 7th one, patentees and other interested persons.
    In addition to involve State secrets, business secrets or personal privacy, hearings open to the public.
    When the State intellectual property office held a hearing, petitioner, patent rights and other interested persons may make representations and cross-examine.
    Shall draw up a record of hearing held the hearing, after hearing participants confirm signature or seal.
    According to the 49th of the patent law stipulates that requests for granting a compulsory licence, hearings pursuant to this article shall not apply.
    13th article has following case one of of, national intellectual property Council should made dismissed forced license requests of decided, and notification requests people: (a) requests people not has this approach fourth article provides of subject qualification; (ii) requests give forced license of reason not meet patent law 48th article, and 49th article and 50th article of provides; (three) forced license requests involved of inventions is semiconductor technology of, its reason not meet patent law implementation rules 72nd article of provides.
    Requests rejected by the people on compulsory licensing request is dissatisfied with a decision, he may, within 3 months from the date of receipt of the notification to the Court. Article 14th claimant may at any time withdraw his request for a compulsory license.
    The claimant withdraws his request before the State intellectual property Office decision, requesting review of program termination of compulsory licenses.
    Before making a decision in the State intellectual property office, claimant entered into a patent license agreement with the patentee, shall notify the State intellectual property office, and to withdraw his request for a compulsory license.
    15th article forced license requests by review no found dismissed reason of, national intellectual property Council should made give forced license of decided, stated following the: (a) made implementation forced license of personal or units of name or name, and address; (ii) was forced license of invention patent or practical new patent of name, and patent,, and application day and the authorized announcement day; (three) give forced license of range, and scale and term; (four) decided of reason, and facts and legal according to;
    (E) seal and signature of the State intellectual property Office (vi) decision date; (VII) other related matters.
    Decision to grant a compulsory license shall notify the applicant and the patentee.
    16th the patentee disagrees with the decision on granting a compulsory licence, he may, within 3 months from the date of receipt of the notification to the Court.
    17th coming into force has been the decision to grant a compulsory license shall be registered in the patent register and the State intellectual property office Patent Gazette, the Government shall be published on the website and the China intellectual property news.
    Chapter III compulsory licensing fees ruling requests review and award 18th requests State intellectual property Office of compulsory license fees, shall comply with the following conditions: (a) the decision to grant a compulsory license announcement, (ii) the claimant is the patentee or units or individuals obtain a compulsory license and (iii) the parties fail to reach an agreement through consultation. 19th article requests ruling forced license using fee of, should submitted forced license using fee ruling requests book, stated following the: (a) requests people of name or name, and address; (ii) requests people of nationality or requests people headquarters where of national; (three) give forced license of decided of paper,; (four) was requests people of name or name, and address; (five) requests ruling forced license using fee of reason; (six) requests people delegate patent agent institutions of, should indicate of about matters
    ; Request has appointed a patent Agency, the contact's name, address, postal code and telephone number; (g) the requestor's signature or stamp; a delegate Agency, should also have the seal of the patent Agency; (h) list of attached documents; (IX) other matters required to State.
    Applicant shall submit two copies of documents and the additional request.
    20th compulsory licensing fees ruling request any of the following circumstances, the State intellectual property office was inadmissible, and notify the claimant: (a) involved in the decision to grant a compulsory license is not clear or has yet to notice, (ii) the requested file does not use Chinese; (c) clearly does not have the reasons for requesting a ruling compulsory license fee. 21st request file does not conform to the provisions of article 19th, the petitioner shall, from the date of receipt of the notification within the 15th for corrections.
    Expiration of the correction is not made, the request is considered to have not been filed.
    Claimant shall, within 1 month from the date on which the request is made pay the compulsory license fee ruling request fees; if not paid or not paid in full, the request is considered to have not been filed. 22nd to conformity with patent law, patent law implementation rules and these rules of compulsory licensing fees ruling requests, the State intellectual property office shall send a copy of the written request to the other party, the other party shall, within the specified time limit representations. Did not reply to the expiration does not affect the State intellectual property Office decision.

    A compulsory license fee process, the parties may submit their views in writing.
    The State intellectual property Office may need to hear oral submissions by the parties on the merits. Person requesting article 23rd may at any time withdraw the ruling request.
    Request before making a decision in the State intellectual property office to withdraw the ruling request, the award program termination.
    24th national intellectual property offices should be made within 3 months from the date of receipt of the request for a compulsory license fee award decision.
    25th article forced license using fee ruling decided should stated following the: (a) made implementation forced license of personal or units of name or name, and address; (ii) was forced license of invention patent or practical new patent of name, and patent,, and application day and the authorized announcement day; (three) ruling of content and reason; (four) national intellectual property Council of seal and the head signed; (five) decided of date; (six) other about matters.
    A compulsory license fee award decision shall notify the parties.
    Article 26th and is granted a compulsory license of patent rights or an individual disagrees with the decision on compulsory licensing fees ruling, he may, within 3 months from the date of receipt of the notification to the Court.
    The fourth chapter terminate the compulsory license requested review and 27th decision prescribed by the decision to grant a compulsory license at the expiration of the term of compulsory licenses, compulsory licenses automatically terminate.
    Automatic termination of compulsory licenses, the State intellectual property Office should be registered in the patent register and the State intellectual property office Patent Gazette, the Government shall be published on the website and the China intellectual property news.
    28th decision to grant a compulsory license provisions before the expiry of the period of compulsory licensing, compulsory licensing grounds for removal and does not recur, the patent holder may request the State intellectual property Office's decision to end compulsory licensing. Requests terminated forced license of, should submitted terminated forced license requests book, stated following the: (a) patent people of name or name, and address; (ii) patent people of nationality or its headquarters where of national; (three) was requests terminated of give forced license of decided of paper,; (four) requests terminated forced license of reason and facts; (five) patent people delegate patent agent institutions of, should indicate of about matters; patent people not delegate patent agent institutions of, its contact people of name, and address, and
    Zip/postal code and telephone number, (vi) signature or seal of the patentee; a delegate Agency, should also have the seal of the patent Agency; (VII) list of attached documents; (h) other matters should be marked.
    The patentee shall submit two copies of documents and the additional request.
    29th article terminated forced license requests has following case one of of, national intellectual property Council not accepted, and notification requests people: (a) requests people not was forced license of invention patent or practical new patent of right people of; (ii) not stated requests terminated of give forced license of decided of paper,; (three) requests file not using Chinese; (four) obviously not has terminated forced license of reason. 30th terminate the compulsory license request file does not conform to these measures 28th article, the petitioner shall, from the date of receipt of the notification within the 15th for corrections.
    Expiration of the correction is not made, the request is considered to have not been filed. 31st to meet requests for the termination of compulsory licensing as provided herein, State intellectual property office shall send a copy of the written request to obtain a compulsory license for the entity or individual. Obtain a compulsory license units or individuals should be heard within a specified period.
    Did not reply to the expiration does not affect the State intellectual property Office decision. Article 32nd State intellectual property office the patent holder should be for the reasons stated and submission of supporting documents for review.
    Need on-site verification, State Bureau of intellectual property rights should be assigned more staff on-site.
    The patentee for the reasons stated and submit all supporting documents are not adequate or not real, the State intellectual property office before making a decision on it shall notify the patentee, the opportunity to give its statement.
    Article 33rd following a review to consider a request to terminate a compulsory licence be unfounded, dismissed by the State intellectual property Office should be made to terminate the compulsory license decision.
    The patentee disagrees with the decision of the rejected requests for termination of compulsory licenses, he may, within 3 months from the date of receipt of the notification to the Court. Article 34th patentee may at any time withdraw his request for termination of compulsory licenses.
    Patent holder in the State intellectual property office before making a decision to withdraw its request for termination of the program.
    35th article terminated forced license of requests by review no found dismissed reason of, national intellectual property Council should made terminated forced license of decided, stated following the: (a) patent people of name or name, and address; (ii) made implementation forced license of personal or units of name or name, and address; (three) invention patent or practical new patent of name, and patent,, and application day and the authorized announcement day; (four) give forced license of decided of paper,; (five) decided of facts and legal according to;
    (F) seal and signature of the State intellectual property office, (VII) date of and (VIII) other related matters.
    Terminate the compulsory license requested shall notify the patentee and units or individuals obtain a compulsory license.
    Achieved a compulsory license for the 36th article of unit or individual is dissatisfied with a decision to terminate the compulsory license, he may, within 3 months from the date of receipt of the notification to the Court.
    37th force terminate the compulsory license shall be registered in the patent register and the State intellectual property office Patent Gazette, the Government shall be published on the website and the China intellectual property news.
    Fifth chapter supplementary articles article 38th this approach by the State intellectual property office is responsible for the interpretation.
                                                                                                              39th these measures shall come into force on July 15, 2003.