The article considers features of legal decision-making mechanisms on the use of patented inventions without the consent of patent holders under the laws of France and Great Britain are considered. Special attention is paid to the separation of compulsory licensing and other forms of restriction of the exclusive rights of patent holders, highlighting the features inherent in each of the directions. The circumstances and conditions under which compulsory licensing or other forms of compensated use of an invention are possible without the consent of the patent owner are specified, and the features inherent in each of the legal systems of the considered states in the field under study are noted.

The purpose of the study is a comprehensive analysis of the features of foreign legislation in the field of compulsory licensing and other forms of paid legitimate use of patented inventions without the consent of patent holders, followed by a comparative analysis.

A wide range of general scientific and special methods of cognition were used in the research process. A comprehensive analysis of foreign normative acts in the field under study has been carried out with the specification and systematization of the legal instruments under study.

Based on the results of the work carried out, the key features inherent in the separation of legal mechanisms are highlighted: compulsory licensing and ex officio licensing in the French Intellectual Property Code; compulsory licensing and use of patented inventions in the interests of the Crown (in the public interest) in the patent legislation of the United Kingdom. A comparative analysis of foreign experience proves the fallacy of identifying all the legal mechanisms considered and the validity of dividing into separate classes of legal relations compulsory licensing and paid use of a patented invention without the consent of the patent holder in the state (public) interests by decision of the authorized state executive authority.