Declaration Of Use Under New IP Law: Consequences And Timelines

The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. Instead, the new law refers to the use requirement within the compulsory licence provision, stating that non-use of a patent could allow a third party to demand a compulsory licence over that patent.

Consequences of failure to file declaration

As the IP Law does not have clear provisions requiring the patent owner to file a declaration of use or non-use for legitimate reasons, there is no legal requirement to do so or provide proof of use. Nevertheless, it seems wise that patent owners should continue to file such declarations as they may be useful as evidence where a third party requests a compulsory licence and may even discourage a third party from doing so by alleging that the patent has not been used without legitimate reason.