Article 73  The insufficient exploitation of patent referred to in subparagraph (1) of Article 48 of the Patent Law means that the manner or scale of the exploitation of patent by the patentee and/or the licensee authorized by him or it cannot satisfy the demands of the domestic market for the patented product or patented process.
A pharmaceutical product to which the patent right has been granted referred to in Article 50 of the Patent Law means any patented product, or product directly obtained by a patented process, in the pharmaceutical sector which is needed to address public health problems, including the patented active ingredients necessary for the manufacture of the product and the diagnostic kits needed for its use.

Article 74  Any entity or individual requesting a compulsory license shall submit to the patent administration department of the State Council a request for compulsory license, state the reasons thereof, and attach the relevant certifying documents.
The patent administration department of the State Council shall send a copy of the request for compulsory license to the patentee, who shall make his or its observation within the time limit specified by the patent administration department of the State Council; where no response is made within the time limit, the patent administration department of the State Council shall not be affected in making its decision.
Before making a decision to reject a request for compulsory license or to grant a compulsory license, the patent administration department of the State Council shall notify the person making the request and the patentee of the decision to be made and the reasons therefor.
A decision made by the patent administration department of the State Council on granting a compulsory license in accordance with the provisions of Article 50 of the Patent Law shall, at the same time, comply with the provisions of the relevant international treaties on granting compulsory license for the purpose of addressing public health issues, which are concluded or acceded to by China, except for the provisions on which China has made reservation.

Article 75  Where a party concerned requests, in accordance with the provisions of Article 57 of the Patent Law, the patent administration department of the State Council to adjudicate the fees for exploitation, he or it shall submit a request for adjudication and furnish documents showing that the parties concerned have not concluded an agreement thereon. The patent administration department of the State Council shall make an adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly.