On Infringement of Prior Patent Technology

With regard to the infringement of the prior patented technology, if the same product has been manufactured before the patent application date, the same method has been used, or the necessary preparations have been made for its manufacture and use, and the manufacture and use continue only within the original scope, it shall not be regarded as infringement of the patent right. The following small series will talk about the infringement of prior patented technology for everyone. First of all, the prior use must be before the filing date or priority date of the patent. Secondly, the pre-used product or method should be independently researched by the first user or obtained by legal means, not copied, stolen or obtained by other improper means from the patentee before the patent application date. Third, the first user has made the necessary preparations for manufacture and use. The so-called necessary preparation means that the product drawing design and process documents have been completed, the special equipment and molds have been prepared, or the sample trial production has been completed. Finally, it can only be manufactured and used within the original scope. That is, the first-time users continue to implement technology or design in the industrial field before the patent application date for their own development. If the production scale is expanded in a reasonable way after the patent application date, such as adding production lines and branch factories, it still falls within the original scope.