Version Number: 1.2

Document Number: 000721

Created By Thiru Balasubramaniam and Andrew Goldman

August 8, 2000
 

Please send corrections or suggestions to:

mpalmedo@cptech.org

agoldman@cptech.org
 

Source: WIPO-Industrial Property Laws and Treaties (translated into English)

WIPO Publication No. 609(E)

Note: For the full text of these provisions, please click on the highlighted country links.
 

Upon what Grounds is a Compulsory License Issued?	Who Makes the Licensing Decisions?	What are Provisions for Government use of Patents?	How is Compensation Determined?	Notable Patent Exceptions
Argentina	.	.	.	.
Licenses may be granted if a prospective user has attempted to acquire a license from the patentee and has failed to do so after 150 days have elapsed (Law No. 24.481 on Patents and Utility Models, art.42). Also, if the invention has not been fully utilized after three months since the grant of the patent, and if no genuine or effective preparations have been made for the exploitation [i.e. making, hiring, selling, or otherwise disposing of the product] of the invention, any person may apply for authorization to use the invention without seeking the permission of the owner thereof (art.43). Also, if the owner of the original patent has engaged in anti-competitive practices, another person may exploit be granted the right of exploitation (art.44). The following practices are considered anti-competitive: setting excessive prices of the patented product (with relation to market average); refusal to supply the local market on reasonable commercial terms; the slowing down of marketing or production activities (art.44.a-c). Licenses may also be granted in the event that one invention cannot be worked without infringing upon another patent (art.46).	The National Institute of Industrial Property (Law No. 24.481 on Patents and Utility Models, art.42).	"The National Executive may, for reasons of health emergency or national security, order the exploitation of certain patents through the grant of the exploitation rights under a patent; the scope and duration thereof shall be limited to the purposes of the grant"(Law No. 24.481 on Patents and Utility Models, art.45). The owner of the patent shall be informed of the expropriation without delay (art.47c).	If the two parties are not able to agree on an amount, the implementing authority shall set reasonable remuneration to be charged by the owner of the patent, which is determined by the particular circumstances of the case, economic value of authorization, and the average rate of royalties payable in the sector (Law No. 24.481 on Patents and Utility Models, art.43). Remuneration shall take into account the economic value of the authorization (art.47.h).	Discoveries, scientific theories and mathematical methods; literary or artistic works or any other aesthetic creation; scientific works; schemes, rules or methods for performing intellectual activities, playing games or engaging economic and business activities; computer programs; forms of data presentation; methods of surgical, therapeutic or diagnostic treatment applicable to the human body or to animals; the juxtaposition of known inventions or mixtures of known products, changes in the shape, dimensions or constituent materials thereof, except in the case of combination or merging in such a way that the elements are unable to function separately or where the characteristic qualities of functions thereof are so altered as to produce an industrial result that is not obvious to a person skilled in the field concerned; any kind alive material or substances already existing in nature (Law No. 24.481 on Patents and Utility Models, art.6.a-g). Also not patentable: inventions that threaten the public good or morality or health of persons, animals, or plants; all biological and genetic material existing in nature or derived therefrom in biological processes associated with animal, plant and human reproduction, including genetic processes applied to the said material that are capable of bringing about the normal, free duplication thereof in the same way as nature (art.7).
Australia	.	.	.	.
A license may be issued if "the applicant has tried for a reasonable period, but without success, to obtain from the patentee in respect of the patented invention an authorization to work the invention on reasonable terms and conditions" (Patents Act 1994, art.11.3A). Licenses are also issued if the applicant cannot work the invention without infringing upon previously existing patent rights. The applicant must also demonstrate that the new product involves an important technical advance of considerable economic significance on the other invention (art.11.3B). According to the Patents Act of 1990, a license may be issued also if "the reasonable requirements of the public with respect to the patented invention have not been satisfied" (art.133.2a) and if "the patentee has given no satisfactory reason for failing to exploit the patent." (art.133.2b).	A prescribed court (Patents Act 1990, art.133-1)	An invention may be exploited for services of the Commonwealth "if the exploitation of the invention is necessary for the proper provision of those services within Australia" (Patents Act 1994, art.14.3). This article amends article 163 of Patents Act of 1990, which also provides for government use.	Royalties are determined either by an agreement between patentee and applicant, or by a prescribed court which shall consider the economic value of the license and then determine a just and reasonable amount (Patents Act 1994, art.11.5a-b).	"Human beings, and the biological processes for their generation, are not patentable inventions" (Patents Act 1990, art.18.2).
Austria	.	.	.	.
A patentee of an invention of considerable commercial or industrial significance which cannot be worked without the use of an invention patented earlier may be granted a license to work the earlier patent, and vice versa (Patent Law, art.36-1). Any person may apply for a license if the patented invention is not worked sufficiently in Austria and if the patentee has not taken all steps required for such working if steps could have been taken (art.36-2). Licenses may also be granted to any applicant if it is required in the public interest (art.36-3). Licenses pertaining to art.36-1 and 36-3 may not be applied for until four years after the filing of the application or three years after the publication of the grant, whichever expires first (art.36-4).	The Patent Office (Patent Law, art.36-4).	An invention may be expropriated in whole or in part by the federal authorities in the interest of the armed forces, the public welfare, or any other compelling federal interest, pursuant to a decision of competent Landeshauptmann and on payment of fair compensation (Patent Law, art.29-1). The federal authorities, with provisional consent of the Landeshauptmann may also expropriate an invention in cases of imminent danger (art.29-2).	"The Patent Office shall fix the royalty, the security which may be required and any other terms governing use, having regard to the nature of invention and the circumstances of the case" (Patent Law, art.36-4). Compensation shall be agreed upon between parties, or, if no agreement is reached, a decision shall be rendered by the courts. The amount shall be determined on the basis of the effects of the expropriation of the patent arising in Austria (art.29-4).	Nonpatentable items include: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers (Patent Law, art.1-2). Also not patentable: inventions the publication or exploitation of which would be contrary to public policy or morality; methods for treatment of humans by surgery or therapy and diagnostic methods practiced on humans (does not apply to products for use in any of these methods); plant and animal varieties or essentially biological processes for the production of plants or animals (art.2-1, 2-2, 2-3).
Barbados	.	.	.	.
Compulsory licenses ("statutory licenses") may be granted if, after three years since the grant of the patent or four years since the filing of the application, an invention has not been used or has been insufficiently used in Barbados (Patents Act, 1981-55, art.62). Licenses may also be granted if an applicant cannot work an invention that represents an important technical advance without infringing upon the rights of an earlier patent (art.63-1).	Licenses are handled by the Registrar of the Supreme Court or such other person appointed in the manner provided by law as Director of the Industrial Property Office.	"When the use within Barbados of an invention protected by patent is, in the opinion of the Minister, necessary in the interests of national security, national health or national nutrition or the development of an essential sector of the economy of Barbados or for other public interests, the Minister may, without the consent of the owner or the patent for that invention but subject to the payment of a reasonable amount for its use, issue by order a national license for the use of the invention in Barbados by the Crown, by a government agency or by any person named in the order (Patents Act, 1981-55, art.57-1).	The Director shall specify the scope of the license, the duration of the license, the specific uses to which the license extends, and the amount of the payment due by the licensee under the statutory license to the owner of the patent of invention to which the license relates (Patents Act, 1981-55, art.65-2).	Nonpatentable inventions include: discoveries, scientific theories and mathematical methods; plant varieties, animal varieties and essentially biological processes, for the production of plants, other than microbiological processes and the products of those processes; schemes, rules or methods for the carrying on of business, the performing of acts of a mental nature only, or the playing of games; methods for treatment of human beings or animals by surgery or therapy, not including the products invented for use in the methods; diagnostic methods practiced on human beings or animals, not including the products invented for use in the methods (Patents Act, 1981-55, art.14).
Belgium	.	.	.	.
If, after four years from filing an application for a patent or three years after being granted a patent, the owner of the patent has not fully exploited the invention (and has no sufficient explanation for this inaction), a nonexclusive license may be granted to another applicant to exploit the patent. A nonexclusive compulsory license granted on the grounds of failure to exploit or insufficient exploitation shall only be granted on the condition that it be predominantly for the domestic market (Patent Law, art.31-1.1). Licenses are also granted if an invention covered by a patent cannot be exploited without infringing upon another patent, "insofar as the dependent patent permits an important technical advance of considerable economic significance" (art.31-1.2).	The Minister of the Industrial Property Office of the Ministry of Economic Affairs transmits requests to a Compulsory License Commission, within the Central Council of the Economy, who then furnishes the Minister with a reasoned opinion. The decision is then made by the Minister (Patent Law, art.33-2). The Commission is comprised of 8 members appointed by the Minister of the Industrial Property Office of the Ministry of Economic Affairs. 3 members of the CCE are to be nominated by organizations representing industry, agriculture, commerce and the small and medium-sized industrial undertakings; another 3 members of the CCE are to be nominated by organizations representing the workers and the consumer cooperatives. (Patent Law, Art. 35.-1.)	The State holds the right to a nonexclusive and irrevocable free license in respect of patent applications or patents referred to in article 6-1 (Royal Decree Concerning the Development of the Results of Research Funded under Contracts Concluded by the Ministers Responsible for Economic Affairs and Science Policy, art.6-2).	"Research contracts shall define the principles for any allocation or sharing between the State and the contractor of revenue from working the results of the research undertaken. In determining any distribution of revenue, these principles shall take into account the extent of the State's involvement in financing the research and the fact that, depending on the contract, the State may or may not be the owner of the results of the research" (Royal Decree Concerning the Development of the Results of Research Funded under Contracts Concluded by the Ministers Responsible for Economic Affairs and Science Policy, art.7).	Not regarded as inventions (and thus not patentable): discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; presentations of information (Patent Law, art.3-1). Also not patentable: new plant varieties of species or varieties covered by the protection set up by the Law of May 20, 1975, for the protection of new plant varieties; animal varieties; essentially biological processes for the production of plants or animals, not including microbiological processes or the products obtained thereby; inventions the exploitation of which would be contrary to public policy or morality (art.4-1 ). Methods of treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body (not applicable to the products-in substance or composition-used in these methods) are additionally not regarded as patentable (art.7-2).
Brazil	.	.	.	.
Nonexclusive licenses may be granted if the owner of a patent exercises his rights in an abusive manner or if he uses it to abuse economic power under the terms of an administrative or judicial decision, or if three years after the grant of the patent the owner of a patent has failed to work the invention in Brazil or has failed to exploit the invention fully where the potential for full exploitation exists (Law No. 9.279, art.68). A license may also be granted if there exists a dependency of one patent on another, if the subject matter of the dependent patent constitutes a substantial technical advance in relation to the earlier patent, and if the owner fails to reach agreement with the owner of the independent patent on the exploitation of the earlier patent(art.70).	The National Institute of Industrial Property (INPI).	"The exploitation and assignment of an application or a patent of interest to national defense shall be subject to prior authorization by the competent organ"(Law No. 9.279, art.75.3).	If there is disagreement between the patent owner and the applicant for a license, the INPI shall arbitrate on the remuneration to be paid to the patent owner (Law No. 9.279, art.69.4).	Items not considered inventions or utility models (and thus not patentable) include: discoveries, scientific theories and mathematical methods; purely abstract concepts; schemes, plans, principles or methods of a commercial, accounting, financial, educational or advertising nature or for games of chance or surveillance; literary, architectural, artistic and scientific works or any aesthetic creation; computer programs per se; presentations of information; rules for games; techniques and methods for operations or surgery and methods for therapy and diagnosis practiced on the human or animal body; all or part of natural living beings and biological materials found in nature or isolated therefrom, including the genome or the germ plasm of any natural living being, and any natural biological processes (Law No. 9.279, art.10). Also not patentable: anything contrary to morality, decency or public safety, order, and public health; substances, materials, compounds, elements or products of any kind, including the modification of their physical and chemical properties and the processes for obtaining or modifying them, when they result from the transformation of the atomic nucleus; living beings, in whole or in part except for transgenic microorganisms meeting the three requirements of patentability-novelty, inventive step and industrial application (art.18).
Bulgaria	.	.	.	.
Licenses are granted if the invention on which there is a patent is not used for four years from the filing of the application or three years from the grant of the patent; or if the invention is worked insufficiently to satisfy the needs of the national market (without legitimate reason); or if there is a declared state of emergency (Patent Law, art.32-1). A license may also be granted to a patent owner whose invention cannot be worked without infringing upon another patent owner's rights (art.32-3).	Compulsory licenses are handled by the Patent Office (Patent Law, art.80).	.	.	Not regarded as inventions: discoveries, scientific theories and concepts; mathematical methods and formulae; results of artistic work; schemes, rules and methods for performing mental acts, playing games or doing business; programs for computers; presentations of information (Patent Law, art.6-2). Patents are not granted for: inventions the publication or exploitation of which would be contrary to social order or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by legislation; substances obtained through internal nuclear transformation for military purposes; plant or animal varieties or essentially biological processes for obtaining them, not including microbiological methods and the products thereof (art.7) The effect of the patent does not cover: use of the invention for private (i.e. noncommercial) needs; use of the invention for experimental or research and development purposes relating to the subject matter of the patented invention; extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription; use of the invention where it concerns a method for the diagnosis or treatment, including surgical treatment, of human beings or animals, practiced by a physician (art.20).
Canada	.	.	.	.
.	.	The Commissioner of Patents may, on application by the Government of Canada or the government of a province, authorize the non-exclusive use of a patented invention by that government for a limited period of time, for use predominantly to supply the domestic market (Patent Act; art.19-1, 19-2). Such authorization can only be made if the government has first made reasonable attempt (and failed) to obtain authority from the patent holder on reasonable terms (art.19.1-1). Article 19.1-1 does not apply in cases of national emergency or extreme urgency or where the use for which the authorization is sought is a public non-commercial use (art.19.1-2).	"Where the use of the patented invention is authorized, the authorized user shall pay to the patentee such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization (Patent Act, art.19-4).	No patents are granted for any mere scientific principle or abstract theorem (Patent Act; art.27-8).
Chile	.	.	.	.
Compulsory licenses may only be granted if the patent holder has committed a monopoly abuse according to the Resolution Committee established under Decree-Law No.211 of 1973 (Law No.19.039 Establishing the Rules Applicable to Industrial Titles and the Protection of Industrial Property Rights, art.51).	Licenses are handled by the Resolution Committee (Law No.19.039 Establishing the Rules Applicable to Industrial Titles and the Protection of Industrial Property Rights, art.51).	.	The Resolution Committee shall determine the conditions under which the licensee is to work the patent, the time for which the license is to be granted and the amount of compensation that the person using the non-voluntary licensing procedure must periodically pay to the holder of the patent (Law No.19.039 Establishing the Rules Applicable to Industrial Titles and the Protection of Industrial Property Rights, art.51).	The following are not regarded as inventions and shall be excluded from patent protection: discoveries, scientific theories and mathematical methods; plant or animal varieties; economic, financial easily verified trade and taxation systems, methods, principles or plans, and the rules for performing purely mental or intellectual activities or playing games; methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, except products for use in any of these methods; new uses of articles, objects or elements known and already used for specific purposes, and changes of shape, dimensions, proportions or materials in the subject matter applied for, except where the qualities of the subject matter are essentially altered or where its use solves a technical problem that did not previously have an equivalent solution (Law No.19.039 Establishing the Rules Applicable to Industrial Titles and the Protection of Industrial Property Rights, art.37). Also not patentable: inventions contrary to the law, public policy, State security, morality or proper practice, or those filed by a person who is not their legitimate owner (art.38).
China	.	.	.	.
Licenses may be granted if any entity which is qualified to exploit another invention or utility model has failed to receive authorization to exploit its patent on reasonable terms (Patent Law of the People's Republic of China, art.51). In times of national emergency, or where there is any extraordinary state of affairs, or where the public interest so requires, compulsory licenses may also be granted (art.52). Licenses may additionally be granted if an invention cannot be worked without use of an earlier patent (art.53). Further specifications may be found in article 68 of Implementing Regulations of the Patent Law of the People's Republic of China.	Compulsory licenses are granted by the Patent Office (Patent Law of the People's Republic of China, art.51).	.	In cases when the individual who has been granted the license and the patentee cannot reach an agreement, the Patent Office arbitrates a reasonable fee (Patent Law of the People's Republic of China, art.57).	The following are nonpatentable: scientific discoveries; rules and methods for mental activities; methods for the diagnosis or for the treatment of diseases; animal and plant varieties; substances obtained by means of nuclear transformation (Patent Law of the People's Republic of China, art.25).
China (Hong Kong)	.	.	.	.
Three years from the grant of the patent, any person may apply for a compulsory license on any of the following grounds: the original patent is not being worked sufficiently in Hong Kong when it could be so worked; demand for the product in Hong Kong is not being met on reasonable terms; the owner of the patent refuses to grant a license on reasonable terms for the working or efficient working of any other patented invention that involves an important technical advance of considerable economic significance (Patents Ordinance No.52 of 1997, art.64).	Licenses are handled by the Court of First Instance (Patents Ordinance No.52 of 1997, art.64).	"During a period of declared extreme emergency a public officer authorized in writing by such public officer may in relation to a) a patented invention, without the consent of the proprietor of the patent; or b) an invention in respect of which an application for a patent has been filed, without the consent of the applicant do any act in Hong Kong in relation to the invention as appears to the public officer or person authorized to be necessary or expedient" (Patents Ordinance No.52 of 1997, art.69-1).	The Court shall see to it "that the inventor or other person beneficially entitled to a patent shall receive reasonable remuneration having regard to the nature of the invention" (Patents Ordinance No.52 of 1997, art.66-1b).	The following are not regarded as inventions and are thus not patentable: discoveries, scientific theories or mathematical methods; aesthetic creations; schemes, rules or methods for performing mental acts, playing games or doing business, or programs for computers; presentations of information (Patents Ordinance No.52 of 1997, art.93-2). Also not patentable: methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, not not including the products (in particular, substances or compositions) for use in any such method; inventions the publication or working of which would be contrary to public order or morality; plant or animal varieties or essentially biological processes for the production of plants or animals, not including microbiological processes or the products of such processes (art.93-4, 93-5, 93-6).
Denmark	.	.	.	.
If a patented invention is not sufficiently worked after three years have elapsed since the grant of the patent, or four years since the filing of the application, any person may apply for a compulsory license, unless there are legitimate reasons for failure to work the invention (The Consolidated Patents Act, sec.45-1). A license may also be obtained if the proprietor of an invention cannot work without using an already registered patent (sec.46-1). Licenses may also be granted when required by important public interests (sec.47-1). "Compulsory licenses concerning semiconductor technology can only be filed for public, non-commercial use or for terminating an anti-competitive practice, which has been established by decree or administrative decision" (sec.49-4).	The Copenhagen Maritime and Commercial Court (The Consolidated Patents Act, sec.50).	.	"The Maritime and Commercial Court lays down the terms of the non-voluntary license, including the amount of the remuneration" (Protection of the Topographies of Semiconductor Products Act, art.13-2).	The following are not regarded as inventions and thus do not have the right to a patent: discoveries, scientific theories and mathematical methods; artistic creations; plans, rules or methods for intellectual activity, for games or for business activity or computer programs; presentation of information; methods for surgical or therapeutic treatment or for determination of diagnoses, practiced on human beings or animals (The Consolidated Patents Act, sec.1-2). Furthermore, patents shall not be granted for inventions the exploitation of which would be contrary to law and order or morality, or for species of plants or animals or essential biological processes for the production of plants or animals, not including microbiological processes and products thereof (sec.1-4).
Finland	.	.	.	.
Compulsory licenses may be granted in the following cases: where three years have elapsed since the grant of the patent, or four years from the filing of the application, if the invention is not worked to a reasonable extent in Finland without showing legitimate grounds for the failure to work may be shown (Patents Act, art.45); an invention cannot be worked without infringing upon another patent (art.46); in the event of considerable public interest (art.47). Compulsory licenses may only be granted to persons deemed capable of exploiting the invention in an acceptable manner and who has made an attempt on reasonable commercial terms to acquire a license (art. 49).	Compulsory licenses are granted by a court of law (Patents Act, art.50).	The Government may decree, where required by public interest, that the right to a given invention shall be surrendered to the State or to another party designated by the Government in times of war or the threat of war. Reasonable compensation shall be paid, agreed upon by the parties or determined by the court if no agreement is reached (Patents Act, art.75).	The court shall determine the remuneration to be paid and any other conditions under the license (Patents Act, art.50).	The following are not regarded as inventions and are thus not patentable: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; presentations of information; methods for surgical or therapeutic treatment or diagnostic methods practiced on humans or animals, not including the products (including substances and compositions) for use in these methods (Patents Act, art.1). Patents are also not granted for the following: inventions the exploitation of which would be contrary to morality or public policy; plant or animal varieties or essentially biological processes for the production of plants or animals, not including microbiological processes and products thereof (art.1).
France	.	.	.	.
Nonexclusive compulsory licenses may be granted three years from the grant of the patent or four years after the filing of the application to any applicant in any of the following situations: the owner of the patent has not begun to work nor has made real and effective preparations for working the patented invention on the territory of a Member State of the European Community or another State party to the Agreement on the European Economic Area; the owner of the patent has not marketed the product that is the subject matter of the patent in a quantity sufficient to satisfy the needs of the French market (Law No.92-597 of July 1, 1992, on the Intellectual Property Code, art.L.613-11). Licenses may also be granted to an applicant who cannot work an invention without infringing upon an already existing patent (art.L.613-15).	Applications for compulsory licenses are made to the First Instance Court (Law No.92-597 of July 1, 1992, on the Intellectual Property Code, art.L.613-12). In the event of medicines being made available to the public in insufficient quantity or quality or at abnormally high prices, a decision will be made by the Minister responsible for industrial property, at the request of the Minister responsible for health (art.L.613-16).	"The State may, at any time, expropriate by decree in whole or in part for the requirements of national defense the inventions that are the subject of patent applications or patents" (Law No.92-597 of July 1, 1992, on the Intellectual Property Code, art.L.613-20). Ex officio licenses may be granted where the interests of public health demand, if medicines are being made available to the public in insufficient quantity or quality or at abnormally high prices, by order of the Minister responsible for industrial property, at the request of the Minister responsible for health (art.L.613-16).	Licenses are granted on fixed terms, particularly in respect of its duration, its field of application and the amount of the royalties to be paid in consideration thereof (Law No.92-597 of July 1, 1992, on the Intellectual Property Code, art.L.613-12). Regarding ex officio licenses, in absence of an agreement between the two ministers, the amount of the royalties shall be set by the First Instance Court (art.L.613-17).	The following are not regarded as inventions (and are thus not patentable): discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; presentations of information (Law No.92-597 of July 1, 1992, on the Intellectual Property Code, art.L.611-10-2). Also not regarded as inventions: methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body (not including the products, in particular substances or compositions, for use in any of these methods) shall not be regarded as inventions susceptible of industrial application (art.L.611-16). The following are also not patentable: inventions the publication or exploitation of which would be contrary to public policy or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation; new plant varieties; animal varieties or essentially biological processes for the production of plants or animals, not including microbiological processes or the products thereof (art.L.611-17).
Germany	.	.	.	.
Non-exclusive licenses are given if an applicant has attempted unsuccessfully to exploit another patent under reasonable conditions in trade, or if public interest commands such a license (Patent Law, art.24-1). Licenses may also be granted if the patentee has not sufficiently exploited the patent domestically (art.24-4). Additionally, if an applicant is unable to exploit an invention that represents an important technical advance without infringing upon an earlier patent, a license may be granted (art.24-2). Licenses in the field of semiconductor technology may be granted only if necessary to remove anti-competitive practice on the part of the patentee that has been established in judicial or administrative hearings (art.24-3).	The Patent Court hears appeals from decisions of the Examining Sections or Patent Divisions of the Patent Office and actions for declaration of nullity of patents and for compulsory licenses (Patent Law, art.65-1).	The Federal Government may order that an invention be exploited in the interest of public welfare or of public security (Patent Law, art.13-1).	"The patentee shall be entitled to remuneration from the holder of a compulsory license that shall be commensurate with the circumstances and shall take into consideration the commercial value of the compulsory license" (Patent Law, art.24-5).	The following are not regarded as inventions and thus do not have the right to a patent: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers; presentations of information (Patent Law, art.1-2). Furthermore, patents shall not be granted for inventions the publication or exploitation of which would be contrary to public policy or morality, or for plant or animal varieties or essentially biological processes for the production of plants or animals, not including microbiological processes and products thereof (art.2). Also excluded are methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, not including the products (in particular substances or compositions) for use in these methods (art.5-2).
Ghana	.	.	.	.
Nonexclusive compulsory licenses may be granted three years after the grant of a patent or four years since the filing of an application in the following situations: a patented invention that is capable of being worked has not been so worked; if the existing degree of working of the patented invention does not meet on reasonable terms the demand for the product on the domestic market or for purposes of exportation; the working of the patented invention is being hindered or prevented by the importation of the patented product; by reason of the refusal of the owner of the patent to grant licenses on reasonable terms, the establishment or development of industrial or commercial activity in the country, or the possibilities of exportation from the country, are unfairly and substantially prejudiced (Patent Law, 1992, art.45-1). Licenses may also be granted in the event that a patented invention that represents a technical advance cannot be worked without infringing upon the rights of an earlier patent (art.46). Compulsory licenses may also be issued by the Secretary responsible for justice if it is deemed to be of vital importance to the defense, economic or public health interests of Ghana (art.47-1).	Licenses pertaining to art.46 are handled by the Patents Tribunal (Patent Law, art.46). In cases pertaining to non-emergency government use, the Patent Policy Committee consults with the Secretary responsible for Justice who then makes a decision (art.54-2).	The Secretary responsible for Justice may decide that a patented invention need be exploited by a government agency or authorized third party if required by public interest, particularly national security, health, or the development of a vital sector of the national economy (Patent Law, 1992, art.54-1).	The court provides for the payment to the owner of the patent of remuneration which is equitable having regard to all the circumstances of the case (Patent Law, 1992, art.49-2). In cases of government use, the Registrar determines the amount of the remuneration to be paid to the owner of the patent, such remuneration being equitable having regard to all circumstances of the case (art.54-3).	The following are not regarded as inventions and are thus not patentable: discoveries, scientific and mathematical theories; plant or animal varieties or essentially biological processes for the production of plants or animals, other than microbiological processes and the products of such processes; schemes, rules or methods for doing business, performing purely mental acts or playing games; methods of treatment of the human or animal body by surgery or therapy, as well as diagnostic methods, not including products for use in any of these methods; mere presentation of information; computer programs (Patent Law, 1992, art.1-3). Also, patents may be obtained in respect of an invention the exploitation of which is prohibited by law, except where the prohibition relates to public order or morality (art.6). Additionally, the Secretary, if satisfied that it is in the interest of national security, economy, health or any other national concern to do so, and after consultation with the Patent Policy Committee, may by legislative instrument exclude inventions for products or processes for the manufacture of such products as may be specified from patentability for a period of not more than 10 years (art.7-1). The period may be further extended by a period of not more than 10 years (art.7-2).
Iceland	.	.	.	.
If a patented invention has not been worked to a "reasonable extent" in Iceland three years since the grant of the patent has elapsed and four years since the filing of the patent application, any person may obtain a compulsory license to work the invention "unless legitimate reasons are shown for the failure to work the invention." (Patent Law 1991, art. 45) A compulsory license may also be granted if a patented invention deemed to be "reasonable in view of ...[its] importance" cannot be exploited without infringing the rights of an earlier patent. (Patent Law 1991, art. 46)	Reykjavik City Court (Patent Law 1991, art 50)	"In a case of extreme necessity in the event of an emergency due to natural disaster, war or imminent risk of war, the Minister of Industry may direct that all rights for the exploitation of an invention devolve on the State or any other party that the Minister directs. Full compensation shall be payable for such transfer but, if no agreement can be reached on the amount of compensation, a decision shall be made according to criteria laid down in Law No.l 11/1973." (Patent Law 1991, art. 70)	"The Reykjavik City Court shall decide... the amount of the compensation to be paid to the proprietor and other terms of the compulsory license." (Patent Law 1991, art. 50)	The following are not considered to be inventions: discoveries, scientific theories, or mathematical methods; aesthetic creations; schemes, rules or methods for performing mental acts, for playing games or for doing business, or computer programs; presentations of information; methods for surgical or therapeutic treatment or diagnostic methods practiced on humans or animals, not including the products (in particular, substances and compositions) used in these methods; "inventions which would be contrary to morality or public order; and plant or animal varieties or essentially biological processes for their production, not including microbiological processes and products resulting from such processes." (Patent Law 1991, art. 1)
Ireland	.	.	.	.
Any person may apply for a compulsory license three years after the patent has been granted on any of the following grounds: "the invention which is the subject of the original patent is not being commercially worked in the State to the fullest extent; demand for the product in the State is not being met (on reasonable terms or at all), or is being met to a substantial extent by importation; that the commercial working in the State of the invention which is the subject of the patent is being prevented or hindered by the importation of a product which is protected by the patent; that by reason of the refusal of the proprietor to grant a license on reasonable terms a market for the export of a product which is protected by the patent and is manufactured in the State is not being supplied; or the working or efficient working in the State of any other invention which is the subject of a patent and which makes a substantial contribution to the art is prevented or hindered; or if the establishment or development of commercial or industrial activities in the State is unfairly prejudiced (Patents Act 1992, art.70-1, 70-2(a-d)).	Licenses are issued by the Controller of Patents, Designs, and Trademarks (Patents Act 1992, art.70-1).	A Minister of the Government, or a person authorized by a Minister of the government, may use an invention "for any purpose which appears to such Minister to be necessary or expedient for the maintenance of supplies and services essential to the life of the community; for securing a sufficiency of supplies and services essential to the well-being of the community; for promoting the productivity of commerce and industry, including agriculture; generally for ensuring that the whole resources of the community are available for use and are used, in a manner best calculated to serve the interest of the community; for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any country or territory other than the State that is in grave distress; or for ensuring the public safety and the preservation of the State (Patent Act 1992, art.78-1).	.	The following are not regarded as inventions and thus do not have the right to a patent: discoveries, scientific theories or mathematical methods; aesthetic creations; schemes, rules or methods for performing a mental act, playing a game or doing business, or a program for a computer; presentations of information (Patents Act 1992, art.9-2). Also excluded: methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, not including products (in particular substances or composition) for use in any such method (art.9-4). Patents shall also not be granted for the following: inventions the publication or exploitation of which would be contrary to public order or morality, provided that the exploitation shall not be deemed to be so contrary only because it is prohibited by law; plant or animal varieties or essentially biological processes for the production of plants or animals other than microbiological processes or products thereof (art.10).
Italy	.	.	.	.
If, after three years since the patent was granted or four years since the filing of the application, the owner of the patent has not sufficiently exploited the invention for the needs of the country, "either directly or through one or more licensees, by producing in ...[Italy]... or importing goods produced" in a Member State of the European Union or the World Trade Organization, a non-exclusive compulsory license may be granted to any applicant (Law on Patents for Inventions, Royal Decree No.1127 of June 29, 1939, art.54-1). Compulsory licenses may also be granted if the patented invention is not being sufficiently exploited in proportion to the needs of the country if a patented invention that represents an important technical advance of considerable economic significance cannot be exploited without prejudicing the rights of an earlier patent, a (art.54-2).	License conditions are determined by the Minister of Industry, Commerce and Handicraft (art.54-4).	Patent rights may be expropriated by the State in the interest of defense or other public interest (Law on Patents for Inventions, Royal Decree No.1127 of June 29, 1939, art.60).	"The decree granting the license shall specify the scope, duration and manner of the exploitation, the guarantees and other conditions to which the grant is subject in relation to its purpose, the amount of the remuneration and the conditions of payment" (Law on Patents for Inventions, Royal Decree No.1127 of June 29, 1939, art.54quater.-1). In the event of opposition, a Board of Arbitration shall be convened (art.50).	The exclusive right of the patent does not cover the following: acts done privately and for non-commercial purposes, or for experimental purposes; the extemporaneous preparation for individual cases in a pharmacy of medicines in accordance with a medical prescription and to the medicines so prepared (Law on Patents for Inventions, Royal Decree No.1127 of June 29, 1939, art.1). The following are not considered to be inventions (and thus do not have the right to a patent): discoveries, scientific theories and mathematical methods; schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers; presentations of information; Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, not including the products (in particular substances or compositions) used in these methods (art.12). Inventions which would be contrary to public order or morality may not form the subject matter of a patent (so long as it is not deemed so only because it is prohibited by law or regulation), nor may animal varieties and essentially biological processes for their production, not including microbiological processes and the products thereof (art.13).
Japan	.	.	.	.
Where a patented invention has not been sufficiently and continuously exploited after three years since receiving the patent or four years since filing the application, a person may request a non-exclusive license from the original patentee. If no agreement is made, the person who intends to work the patented invention may request arbitration by the Director General of the Patent Office (Patent Law, art.83). The same process holds true if the working of the patented invention is necessary in the public interest "If no agreement is reached or no consultation is possible...., a person who intends to work the patented invention may request the Minister for International Trade and Industry for an arbitration decision" (art.93).	Non-exclusive licenses may be granted by the Director General of the Patent Office (Patent Law, art.83).	.	An arbitration decision for a non-exclusive license shall set forth the scope of the license as well as consideration for the license and the method and time of payment (Patent Law, art.86-2).	The following inventions are not patentable: inventions of substances manufactured by the transformation of the atom; inventions liable to contravene public order, morality or public health (Patent Law, art.32). "The effects of the patent right shall not extend to the working of the patent right for the purposes of experiment or research." The effects of the patent right shall not extend to the following: vessels or aircraft merely passing through Japan or machinery, instruments, equipment or other accessories used therein; products existing in Japan prior to the filing of the patent application. The effects of the patent right for inventions of medicines (namely, products used for the diagnosis, cure medical treatment or prevention of human diseases-hereinafter referred to as "medicines" in this subsection) to be manufactured by mixing two or more medicines or for inventions of processes for manufacturing medicines by mixing tow or more medicines shall not extend to acts of preparing medicines in accordance with the prescriptions of physicians or dentist or to medicines prepared in accordance with the prescriptions of physicians or dentists." (Patent Law, art.69)
Malaysia	.	.	.	.
If three years have elapsed from the grant of the patent, any person may apply for a compulsory license if: the grant of the patent, the patented invention is being insufficiently exploited domestically without legitimate reason, or if it is being sold at unreasonably high prices (Patents Act 1983, art.49-1). Also, if a later patent that constitutes an important technical advance cannot be worked without infringing an earlier patent, a compulsory license may be issued (art.49A).	Licenses pertaining to art.49-1 are handled by the Registrar of Patents (Patents Act 1983, art.49-1). Licenses pertaining to art.49A are handled by the Patents Board (art.49A).	The Government of the Federation or of any State, a Ministry or Government department or any person authorised by such Government, Ministry or Government department may make use and exercise any invention registered or in respect of which exclusive privileges have been granted, and shall pay reasonable compensation for its exploitation (Patents Act 1983, art.84).	Upon granting a compulsory license, the Patents Board determines the scope of the license, the time period it shall be for, and the amount and conditions of the royalties due (Patents Act 1983, art.52).	Nonpatentable inventions include the following: discoveries, scientific theories and mathematical methods; plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organism processes; schemes, rules or methods for doing business, performing purely mental acts or playing games; methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body (Patents Act 1983, art.13).
Mexico	.	.	.	.
If, after three years from the grant of the patent or four years from the filing of the application (whichever elapses earlier), the patented invention has not been used, any person may apply for a compulsory license to used the invention. "There shall be no grounds for the grant of a compulsory license when the patent owner or the holder of a contractual license has been importing the patented product or a product obtained using the patented process (Industrial Property Law, art.70)."	The Mexican Institute of Industrial Property (Industrial Property Law, art.6).	In cases of national emergency or security, the Institute may "declare that use be made of certain patents by means of the grant of licenses of public utility in cases where, if such use were not made, the production or the supply or distribution to the public of staple goods and services would be prevented, hindered, or made more expensive" (Industrial Property Law, art.77).	If a license is granted, the Institute will decide upon its duration, scope, and the amount of royalties payable to the owner of the patent (Industrial Property Law, art.72).	The following are deemed not patentable: essentially biological processes for obtaining, reproducing and propagating plants and animals; biological and genetic material as found in nature; animal breeds; the human body and the living matter constituting it; plant varieties (Industrial Property Law, art.16). The following are not considered inventions, and are thus not patentable: theoretical or scientific principles; discoveries that consist in making known or revealing something that already existed in nature, even though it was previously unknown to man; schemes, plans, rules and methods for carrying out mental processes, playing games or doing business, and mathematical methods; computer programs; methods of presenting information; esthetic creations and artistic or literary works; methods of surgical, therapeutic or diagnostic treatment applicable to the human body and to animals; juxtaposition of known inventions or mixtures of known products, or alteration of the use, form, dimensions or materials thereof, except where in reality they are so combined or merged that they cannot function separately, or where their characteristic qualities or functions have been so modified as to produce an industrial result or use not obvious to a person not skilled in the art (art.19).
Netherlands	.	.	.	.
"The [Dutch] Minister [of Economic Affairs] may, if he considers it in the public interest, grant a license under a patent." (Patent Act of the Kingdom 1995, art. 57-1). Compulsory licenses are granted if "after three years have elapsed since the grant of the patent, neither the proprietor of the patent nor any other person who has been granted a license operates an industrial establishment in the Kingdom or in another State to be designated by administrative order...unless valid reasons are shown to exist for the absence of such an establishment. This obligation shall be effective against the proprietor of a European patent" with the same stipulations as referred to above. (Patent Act of the Kingdom 1995, (art. 57-2).	Minister of Economic Affairs (Patent Act of the Kingdom 1995, art. 57-1).	"In the interest of the defense of the Kingdom, and on a joint recommendation from the Minister directly concerned and the Minister, it may be provided by Royal Decree that the State shall be authorized to perform or cause others to perform acts, to be described precisely in the Decree, which the proprietor of a patent to be specified in said Decree has the exclusive right to perform or cause others to perform, pursuant to Article 53." (Patent Act of the Kingdom 1995, art. 59-1) "Upon the entry into force of the Royal Decree, the Minister directly concerned shall determine, by agreement with the proprietor of the patent, the remuneration payable to the latter by the State." (Patent Act of the Kingdom 1995, art. 59-2)	"On a claim by the most diligent party, in the absence of agreement, the court shall fix the remuneration that the licensee has to pay to the patent proprietor." (Patent Act of the Kingdom 1995, art. 58-6)	The following shall be excluded from patent protection: discoveries, scientific theories, and mathematical models; aesthetic creations; schemes rules and methods for performing mental acts, playing games or doing business, as well as computer programs; presentations of information. (Patent Act of the Kingdom 1995, art. 2-1) The following shall be excluded from patent protection: "inventions the publication or exploitation of which would be contrary to public order or morality; plant or animal varieties, or essentially biological processes for the production of plants or animals and the products thereof, with the exception of microbiological processes unless these are prohibited by or pursuant to the Act on Health and Welfare of Animals." (Patent Act of the Kingdom 1995, art. 3)
New Zealand	.	.	.	.
Any person may apply for a compulsory license if 3 years have elapsed since the grant of the patent or 4 years have elapsed since the filing of the patent which ever is later if: "a market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in New Zealand." (The Patents Act 1953, last amended by Law No. 139 of 1996, art. 46-1,2). A compulsory license must not be exclusive, "[m]ust not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used: [i]s limited to the supply of the patented invention predominantly in New Zealand." (The Patents Act 1953, last amended by Law No. 139 of 1996, art. 46-3).	The High Court  (The Patents Act 1953, last amended by Law No. 139 of 1996, art. 46-1).	The Government of New Zealand "may make, use exercise, and vend any patented invention for the services of the Crown and anything done by virtue of this subsection shall not amount to an infringement of the patent concerned." (The Patents Act 1953, last amended by Law No. 139 of 1996, art. 55).  "Where the Governor-General, by Order in Council, declares that the use of any patented invention by any person or by any class of persons engaged in a particular industry is necessary or desirable to enable full benefit to be derived by the members of the public in New Zealand of any enterprise or undertaking in which the Crown or any Government Department has a complete or almost complete monopoly, any such use of the invention or inventions shall...be deemed to be a use for the services of the Crown. (art 55-3)	"Where a licence is granted under this section to any person, that person shall pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed, between that person and the patentee or, in default of agreement, as is determined by the Court on the application of that person or the patentee." (The Patents Act 1953, last amended by Law No. 139 of 1996, art. 46-6).	.
Norway	.	.	.	.
"Anyone who wishes to work the invention in ..[Norway] may obtain a compulsory licence for that purpose, provided there is no legitimate reason for the failure to work the invention" after three years have elapsed since the "grant of the patent and four years from the filing of the patent application without the invention being worked in..[Norway] to a reasonable extent." (Patents Act 1967, last amended in 1996, art. 45)Also, if a patent that constitutes an important technical advance cannot be worked without infringing an earlier patent, a compulsory license may be issued. (Patents Act 1967, last amended in 1996, art. 46) "A compulsory licence may only be granted to someone who has made efforts to obtain a license on reasonable terms by agreement, and may be presumed able to exploit the invention in a manner which is acceptable and which is in compliance with the terms of the license. (Patents Act 1967, last amended in 1996, art. 49)	The court  (Patents Act 1967, last amended in 1996, art. 49)	"The King may, when found necessary because of war or danger of war and situations of crisis connected therewith, provide that the right to an invention shall be assigned to the Government or to another party designated by the King. Compensation shall be paid for the assigned right which shall be stipulated by official assessment, if no amicable settlement is reached. (Patents Act 1967, last amended in 1996, art. 70)	"A compulsory licence shall be granted by the court, which shall also determine to what extent the invention may be exploited and stipulate the compensation an the other terms of the license" (Patents Act 1967, last amended in 1996, art. 50).	The following shall be excluded from patent protection: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules or methods for performing mental acts, playing games or doing business, or programs for computers; presentations of information. (Patents Act 1967, last amended in 1996, art. 1)  Patents will not be issued for: inventions contrary to morality or public order; "plant or animal varieties or essentially biological processes for the production of plants or animals. Patents may, however, be granted for microbiological processes and the products thereof." (Patents Act 1967, last amended in 1996, art. 1)
Philippines	.	.	.	.
Licenses are granted to any applicant capable of exploiting the invention under any of the following circumstances even without consent of the patent holder: national emergency or other circumstances of extreme urgency; where the public interest (in particular, national security, nutrition, health or the development of other vital sectors of the national economy as determined by the appropriate agency of the Government) so requires; where a judicial or administrative body has determined that the manner of exploitation by the owner of the patent or his licensee is anti-competitive; insufficient commercial exploitation (without satisfactory reason) by the patentee four years from the filing of the application or three years from the actual grant of the patent (Intellectual Property Code of the Philippines, Republic Act No. 8293, sec.93). A license may also be granted if a patented invention that represents a significant technical advance cannot be worked without infringing another patent (sec.97).	Licenses are handled by the Director of Legal Affairs (Intellectual Property Code of the Philippines, art.93).	A Government agency or person authorized by the government may exploit the invention without agreement of the patent owner where the public interest (in particular, national security, nutrition, health or the development of other sectors as determined by the appropriate agency of the government) so requires, or a judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee, is anti-competitive (Intellectual Property Code of the Philippines, sec.74).	The scope, duration, and rate of royalties of a compulsory license are decided by the Director of Legal Affairs, and the remuneration shall take into account the economic value of the grant or authorization, "except that in cases where the license was granted to remedy a practice which was determined after judicial or administrative process, to be anti-competitive, the need to correct the anti-competitive practice may be taken into account in fixing the amount of remuneration." (Intellectual Property Code of the Philippines, sec.100).	The following shall be excluded from patent protection: discoveries; scientific theories and mathematical methods; schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers; methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body (not including products and composition for use in any of these methods; plant varieties or animal breeds or essentially biological process for the production of plants or animals (not including micro-organisms and nonbiological and microbiological processes); aesthetic creations; and anything which is contrary to the public order or morality" (Intellectual Property Code of the Philippines, sec.22).
Poland	.	.	.	.
Nonexclusive compulsory licenses may be granted in any of the following cases: it is necessary to prevent or eliminate a state of national emergency; the original patentee does not sufficiently exploit the invention to meet public demand (Law on Inventive Activity of 1972, amended in 1993, art.49-1).	Licenses are handled by the Patent Office (Law on Inventive Activity, art.49-1)..	"The exploitation of an invention for national purposes, to the necessary extent and without detriment to the justified economic interests of the patentee, where it has been found indispensable to prevent or eliminate a state of emergency relating to security or public order, shall not be considered an infringement of a patent" (Law on Inventive Activity, art.16-6).	"The decision regarding the grant of a compulsory license shall specify, in particular, the scope and duration of the license, the detailed conditions for its exercise, the amount of the royalty and the manner and time limits of payment" (Law on Inventive Activity, art.49-4).	Patents are not granted for any of the following: new plant varieties and animal breeds as well as biological processes for the cultivation of plants or breeding of animals; methods for the treatment of diseases in the fields of medicine and veterinary science and in plant protection; inventions whose exploitation would be contrary to law or public policy; computer programs; products obtained by nuclear transformation; scientific theories and discoveries (Law on Inventive Activity, art.12).
Russia	.	.	.	.
Nonexclusive compulsory licenses may be granted to any person who wishes to exploit the patent if, after four years after a patent has been granted for an invention or industrial design (three years for utility models), the owner has not used or has insufficiently used the patented invention and has refused to conclude a license contract (Patent Law, art.10-4). A license may also be granted if a patented invention cannot be worked without infringing another patent (Patent Law, art.10-4).	Licenses are handled by the Higher Patent Chamber of the Russian Federation (Patent Law, art.10-4).	"The Government of the Russian Federation may authorize the use of industrial property subject matter without the authorization of the owner of the patent, subject to payment of reasonable monetary compensation, for purposes associated with national defense" (Patent Law, art.13-4).	"The Higher Patent Chamber shall grant the compulsory license and shall set the limits on the use of the industrial property subject matter, and also the amount, dates and procedure for payment of royalties...[t]he amount of the payment shall be commensurate with the market value of a license (Patent Law, art.10-4).	The following are not recognized as patentable inventions: scientific theories and mathematical methods; methods of economic organization and management; symbols, schedules and rules; methods for performing mental acts; algorithms and programs for computers; projects and plans for structures and buildings and for land development; proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements; topographies of integrated circuits; plant varieties and animal breeds; proposals that are contrary to the public interest, humanitarian principles or morality (Patent Law, art.4-3).
Singapore	.	.	.	.
Nonexclusive compulsory licenses may be granted to any applicant three years after a patent has been granted or four years from the filing of the application (whichever is later) if the market for the invention is not being supplied sufficiently or on reasonable terms (The Patents Act 1994, art.55-1). The grounds for which a license may be issued include "that a a market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in Singapore" (The Patents Act 1994, art.55-2). Licenses may also be granted if a patented invention cannot be worked without infringing upon the rights of another patent (art.55-9).	Licenses are handled by the High Court (The Patents Act 1994, art.55).	A Government department or a person authorized by a Government department shall have the power to exploit a patented invention in order to avoid prejudice to the security or defense of Singapore, or for public non-commercial use (The Patents Act 1994, art.65).	Remuneration shall be agreed upon by the licensee and the original patentee. In the event that no agreement is reached, the High Court shall set the fee (The Patents Act 1994, art.55-6).	Nonpatentable inventions include: any invention the publication or exploitation of which would be generally expected to encourage offensive, immoral, or anti-social behavior, so long as it is not so regarded only because it is prohibited by law (The Patents Act 1994, art.13).
South Africa	.	.	.	.
Compulsory licenses may be granted if an invention cannot be worked without infringing upon the rights of another patent (Patents Act No.57 of 1978, amended by Act No. 49 of 1996, sec.55). Licenses shall also be granted in the event that the patented invention is not being worked in South Africa on a commercial scale or to an adequate extent after four years since the filing of the application or three years after the grant of the patent, or if the domestic working of the invention is hindered by importation of the patented article, or if domestic demand is not being met or not on reasonable terms, or if the patentee refuses to grant a license on reasonable terms (sec.56-2).	Licenses are granted by the commissioner of patents, who is an appointed judge of the Transvaal Provincial Division of the Supreme Court of South Africa (Patents Act No.57 of 1978, sec.56, sec.8).	"The Minister may, on behalf of the State, acquire, on such terms and conditions as may be agreed upon, any invention or patent" (Patents Act No.57 of 1978, sec.78).	The commissioner may determine the remuneration, taking into consideration the nature and extent of abuses (see sec.56-2) found to have been established, and whether a compulsory license could have been avoided by the grant of a voluntary license (Patents Act No. 57 of 1978, sec.56-13).	The following are not considered inventions and are thus not patentable: discoveries; scientific theories; mathematical methods; literary, dramatic, musical, or artistic works or any other aesthetic creations; schemes, rules, or methods for performing mental acts, playing games or doing business; programs for computers; presentation of information (Patents Act No.57 of 1978, sec.25-2). Patents are also not granted for the following: inventions the publication or exploitation of which would be generally expected to encourage offensive or immoral behavior; animal or plant varieties or any essentially biological processes for the production of animals or plants, not including microbiological processes or the products thereof (sec.25-4).
Spain	.	.	.	.
Compulsory licenses may be granted in any of the following situations: failure or insufficiency of working of the patented invention after three years have expired since the grant of the patent or four years since the filing of the application; export necessities; dependency of patents; existence of reasons of public interest (Law of 11/1986, of March 20, 1986, on Patents, art. 86). Licenses may also be granted if it is impossible to work an invention without infringing on the earlier patent (art.89).	Licenses are handled by the Registry of Industrial Property. (Law of 11/1986, of March 20, 1986, on Patents, art. 91) Compulsory licenses for government use are handled by the Ministry of Industry and Energy and are formulated jointly with the Minister for health or defense respectively (based on the type of compulsory license (Law of 11/1986, of March 20, 1986, on Patents, art. 90-3).	"For reasons of public interest, the Government may at any time make a patent application or a patent already granted subject to the grant of compulsory licenses, acting in that respect by Royal Decree. Reasons of public interest shall be deemed to exist when the initiation, increase or generalization of working of the inventions, or improvement of the conditions in which it is being worked, are of paramount importance for public health or national defense" (Law 11/1986, of March 20, 1986, on Patents, art.90-1,2).	"The license shall provide for adequate remuneration according to the particular circumstances of each case, due regard being had to the economic importance of the invention" (Law 11/1986, of March 20, 1986, on Patents, art.101-2).	The following are not regarded as inventions and are thus not patentable: discoveries, scientific theories and mathematical methods; literary or artistic works or any other aesthetic creation, as well as scientific works; schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers; presentations of information; methods of treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body, not including products (substances or compositions) or instruments used in these methods (Law 11/1986, of March 20, 1986, on Patents, art.4). The following are also nonpatentable: inventions whose publication and working would be contrary to public order or morality; plant varieties coming under the protection of the Law of March 12, 1975, on the Protection of Plant Varieties; animal varieties; essentially biological processes for the production of plants or animals, not including microbiological processes or the products thereof (art.5).
Sweden	.	.	.	.
Licenses may be granted in the following situations: if three years have passed since the patent was granted and four years since the filing of the application, and if the invention has not been sufficiently exploited; if an invention cannot be exploited without infringing upon another patent; if public interest requires the use of an invention previously patented (Patents Act, art.45, art.46, art.47).	Licenses are handled by the Court of Patent Appeals (Patents Act, art.50).	In times of war, or where there is the threat of war, the Government may expropriate the patented invention in exchange for reasonable compensation (Patents Act, art.78).	The Court determines the scope of the license, the remuneration, and other terms (Patents Act, art.50).	The following are not considered to be inventions, and are thus not patentable: a discovery, scientific theory or mathematical method; an aesthetic creation; a scheme, rule or method for performing mental acts, for playing games or for doing business, or a program for computers; a presentation of information; methods for surgical or therapeutic treatment or diagnostic methods, practiced on humans or animals, shall also not be regarded as inventions, not including the products (substances and compositions) for use in these methods (Patents Act, art.1). Patents are also not granted for the following: inventions the use of which would be contrary to morality or public order; plant or animal varieties or essentially biological processes for the production of plants and animals, not including microbiological processes and the products thereof (art.1).
Switzerland	.	.	.	.
Compulsory licenses may be granted in the following situations: if a patented invention that represents an important technical advance of considerable economic interest cannot be used without infringing an earlier patent; if, after three years since the grant of the license but not sooner than four years since the filing of the application, the owner of the patent has not sufficiently exploited it in Switzerland (with no legitimate explanation); if public interest so dictates (Federal Law on Patents for Inventions, art.36, art.37-1, art.40-1). Compulsory licenses are granted only if the licensee's attempts to obtain a contractual license on "reasonable commercial conditions have not succeeded within a reasonable period of time. Such efforts shall not be a requirement in situations of national emergency or in other circumstances of extreme urgency (Federal Law on Patents for Inventions, art. 40b.-1).	Licenses are handled by the Federal Court (Federal Law on Patents for Inventions, art.37-1, 40-1).	The Federal Council may fully or partially expropriate a patent if public interest so requires (Federal Law on Patents for Inventions, art.32).	The court determines the scope and duration of the license and the remuneration to be paid (Federal Law on Patents for Inventions, art.40b-7).	Patents are not granted for the following: new varieties of plants or animal breeds, or for essentially biological processes for producing plants or breeding animals, not including microbiological processes and products obtained by such processes; inventions the implementation of which would be contrary to public order or morality; methods of surgical or therapeutic treatment and diagnosis applied to the human body or to the bodies of animals (Federal Law on Patents for Inventions, art.1a, art.2).
United Kingdom	.	.	.	.
Licenses may be granted in any of the following situations: if, after three years since the grant of the patent, the invention is not being sufficiently worked in the UK; if the demand for the invention as product is not being met on reasonable terms or if it is being met largely through importation; if the proprietor is refusing to grant licenses at the expense of the market (Patents Act 1977, art.48).	Licenses are handled by the comptroller. (Patents Act 1977, art.48).	Any government department and any person authorised in writing by a government department may, for the services of the Crown, expropriate and exploit the patented invention without the consent of the proprietor of the patent, that is to say-where the invention is a product, may-... in any event, sell or offer to sell it for foreign defence purposes or for the production or supply of specified drugs and medicines, or dispose or offer to dispose of it (otherwise than by selling it) for any purpose whatever... without prejudice to the foregoing, where the invention or any product obtained directly by means of the invention is a specified drug or medicine, may sell or offer to sell the drug or medicine" (Patents Act 1977, art.55-1).	In a decision regarding a license, the comptroller sees to it that the original inventor receives reasonable remuneration (Patents Act 1977, art.50).	The following are not considered inventions, and are thus not patentable: a discovery, scientific theory or mathematical method; a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; the presentation of information (Patents Act 1977, art.1-2). A patent shall also not be granted for the following: an invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behavior; any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the product of such a process (art.1-3).
United States of America	.	.	.	.
March-in rights If the assignee, contractor, or exclusive licensee refuses to grant a license to a responsible applicant under reasonable terms, a compulsory license (nonexclusive, partially exclusive, or exclusive) may be issued in any of the following situations: the invention has not been sufficiently worked; action is needed to satisfy health or safety needs; action is needed to meet requirements for public use; action is necessary because a licensee of the exclusive right to use or sell any subject invention in the US is in breach of its agreement obtained pursuant to section 204 (35 USC 203) Mandatory licensing of air pollution prevention inventions under under Title 42, the Public Health and Welfare If a patent intended for public and commercial use is not available, and is required to enable any individual to comply with the limitations of section 7411, 7412, or 7521 of Title 42, the Attorney General may make the determination to certify in a U.S. district court, which may issue a compulsory license to remedy an anticompetitive practice. The U.S. district court determines the necessity of issuing a compulsory license on these grounds: there exist no alternative methods of complying with the aforementioned limitations, and the unavailability of working the patent results in "a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country" (42 USC 7608). Compulsory license for atomic energy If the Atomic Energy Commission determines that a patent relating to the "production or utilization of special nuclear material or atomic energy" is affected with the public interest, the Commission may issue a nonexclusive compulsory license on the relevant patent. 42 USC Sect 2183).	March-in rights: The Federal agency "under whose funding agreement the subject invention was made." (35 USC 203) Mandatory licensing of air pollution prevention inventions: The U.S. district court "for the district in which the person owning the patent resides, does business, or is found." (42 USC 7608) Compulsory license for atomic energy Atomic Energy Commission (42 USC Sect 2183)	The US government does not have to seek a license or negotiate for use of a patent or copyright. The patent or copyright owners may sue for compensation, but may not enjoin the government to prevent the use. The governments rights may be exercised by private contractors, working at the direction of the government (28 USC Sec. 1498). See also column 1.	.	.
Viet Nam	.	.	.	.
"Where particularly important inventions are not utilized by the owner of the patent or where their utilization does not meet the requirements of the national economy, and the organizations or enterprises that need them have been unable to secure the agreement of the owner of the patent to the transfer of the right to utilize the invention, the President of the Council of Ministers of the Socialist Republic of Viet Nam may, on a proposal by the State Committee for Science and Technology, decide to purchase the patents in those inventions, or to authorize the aforesaid organizations or enterprises to utilize them. The organizations or enterprises so authorized shall pay the owner of the patent a royalty by way of indemnification, according to the decision of the State Committee for Science and Technology" (Ordinance on Innovations to Effect Technical Improvements and Rationalizations in Production, and on Inventions, art.23).	Authorizations to purchase or to utilize previously existing patents comes from the President of the Council of Ministers of the Socialist Republic of Viet Nam, on a proposal by the State Committee for Science and Technology (Ordinance on Innovations to Effect Technical Improvements and Rationalizations in Production, and on Inventions, art.23). The Chairman of the State Committee for Science and Technology (Decree on the Protection of Industrial Property Rights, art. 13)	See column 1.	The owner of the patent shall be paid a royalty according to the decision of the State Committee for Science and Technology (Ordinance on Innovations to Effect Technical Improvements and Rationalizations in Production, and on Inventions, art.23).	Not recognized as inventions (and thus not patentable): solutions contrary to Socialist morality and those not susceptible of application (Ordinance on Innovations to Effect Technical Improvements and Rationalizations in Production, and on Inventions, art.13-3). Inventor's certificates, but not patents, are given for the following: inventions related to national defense and security; inventions concerning devices and processes for preventing, diagnosing and treating disease in human beings, animals and plants; inventions relating to substances obtained by a chemical process; inventions relating to medicines and substances for the prevention and treatment of disease in human beings, animals and plants; inventions relating to foodstuffs intended for human beings and fodder intended for animals (art.15-1)