Why do some countries require patent holders to commercialize or license their inventions?

Some countries require patent holders to "work" their inventions—meaning they must either commercialize the technology or license it to others—to prevent patentees from simply "sitting" on their rights without providing any benefit to the public.1

This requirement serves as a check against the potential abuse of monopoly power. When a patent holder fails to bring an invention to market, they may be hindering industrial progress or attempting to stifle competition. In some jurisdictions, similar rules apply when a primary patent generates "dependent" patents, compelling the main patentee to grant licenses to those holding the dependent rights. Additionally, if a company uses its patent rights to form monopolies that negatively impact entire fields of commerce, government-led antitrust actions may force the company to license its patents to ensure fair market access.1

It is important to note that these requirements vary globally. For instance, in the United States, there is no legal requirement to "work" a patent; a patent that has never been commercialized is considered as valid as one that has successfully launched an entire industry.1