《专利法》修订中的强制许可

专利权人获得专利后．即拥有了对实施和允许他人实施其发明创造的排他权利。但是．实施专利既是专利权人的权利．也是专利权人的义务。如果专利权人不实施专利，却利用专利权形成的垄断阻碍他人实施其专利．则是一种滥用专利权的行为。允许国家专利主管机关在一定条件下颁发专利强制许可．可以防止专利权人不合理地行使其独占权，维护国家和公众的利益，增进公共福利。

Compulsory License in the Amendment of the Patent Law of People＇s Republic of China

After the authorization of the patent rights, the patentee shall own the exclusive fight to exploit or permitother people to exploit his or her invention or creation. However, to exploit a patent is not only the right for patentee, but it also his or her obligation. If the patentee did not exploit the patent, but to interrupt others to exploit such patent by taking advantage of the monopoly initiated by patent, this can be regarded as a kind of activity of abusing patent right.