Title: | Article 20 of the Patent Law of 25/06/1993, as last amended in 1997 |
Field of IP: | Patents |
Type of flexibility: | Compulsory licenses and government use |
Summary table: |
Article 20. Compulsory licences
1. In the following cases, on the request of any interested person, a compulsory licence in respect of a patented invention may be granted by the [Intellectual Property Office]:
1) if the invention must be used for a purpose associated with the public interest and in particular with national security, food supply or health
2) if the invention has not been used or has been insufficiently used for a period of four years from the filing date of the patent application or three years from the date of the grant of the patent (whichever period expires last) and the patent owner does not satisfy the [Intellectual Property Office] that circumstances exist which justify the lack of use of the invention in Mongolia;
3) if the patent owner sets unacceptable terms for the exploitation of the invention.
2. If the patent owner disagrees with a decision of the [Intellectual Property Office] to grant a compulsory licence he or she may appeal to the Court.