{"id":142,"date":"2017-11-22T05:58:43","date_gmt":"2017-11-22T05:58:43","guid":{"rendered":"http:\/\/blogs.lib.purdue.edu\/patents\/?p=142"},"modified":"2020-07-20T04:06:16","modified_gmt":"2020-07-20T04:06:16","slug":"compulsory-license-regime-the-united-states","status":"publish","type":"post","link":"https:\/\/blogs.lib.purdue.edu\/patents\/2017\/11\/22\/compulsory-license-regime-the-united-states\/","title":{"rendered":"Compulsory License Regime: The United States"},"content":{"rendered":"

This information has been taken from: <\/span><\/p>\n

THOMAS, John R. (2014) <\/span>Compulsory Licensing of Patented Inventions. <\/span><\/i>CRS – Congressional Research Service. Available in: <\/span>https:\/\/www.ipmall.info\/sites\/default\/files\/hosted_resources\/crs\/R43266_140114.pdf<\/span><\/a><\/p>\n

The Title 35 of the US Code does not include a general compulsory licensing provision. However, a series of circumstances must be taken on account when addressing the US Compulsory Licensing Regime.<\/span><\/p>\n

On one hand, the United States is a member of the Convention of Paris for the protection of Industrial Property, and a party of the Agreement on Trade-Related Aspects of Intellectual Property Rights (for being a member of the World Trade Organization). Both of these international multilateral agreements address compulsory patent licenses.<\/span><\/p>\n

On the other hand, other domestic laws include provisions that allow for the compulsory licensing of patented inventions and, additionally, circumstances similar to a compulsory license may occur through judicial determinations in patent infringement, antitrust enforcement and activities of federal government.<\/span><\/p>\n

Domestic laws:<\/span><\/h2>\n

The dispositions that allow for the compulsory licensing of patented inventions are:<\/span><\/p>\n