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Chapter 1 · Inventions (Patents)

Article 41

The applicant for a compulsory exploitation license must have the necessary capabilities to exploit the invention. The request for issuance of a compulsory exploitation license shall be filed with the secretariat referred to in Article (40) of this Act and must include the following:

  1. 1.The applicant's views and reasons regarding the requirements of national interest and public benefit, or the existence of an anti-competitive practice, or the failure to work the invention in Iran
  2. 2.Reasons and documents proving that the executive body or other requesting persons have requested exploitation from the owner of the invention but have been unable to obtain authorization for exploitation on reasonable terms and within a reasonable period of time
  3. 3.Supporting reasons and documents establishing the ability of the applicant for the compulsory exploitation license to use the invention

Note — Requests submitted by executive bodies must be signed by the highest official of that body.