Legal provisions on promised sales

Most countries in the world have made clear provisions on promised sales in the patent law. TRIPS agreement absorbs the legislative achievements of patent laws in various countries and clearly gives the patentee the right to stop promising sales. Article 28 1 of the agreement stipulates: "A patent shall give its owner the following exclusive rights; (1) Where a product is protected by a patent, it has the right to stop the following acts of a third party without permission: manufacturing, using, promising to sell, selling or importing the product for the above purposes; (2) Where a patent protection method is used, it has the right to stop a third party from using the method without permission and the following acts: using, promising to sell, selling or importing products directly obtained according to the method for the above purposes. " However, the Agreement on Trade-Related Aspects of Intellectual Property Rights does not give a clear definition of promised sales. The revision of Article 1 1 of China's Patent Law mainly refers to the provisions of the TRIPS Agreement, and does not further explain what is promised sales. In order to accurately grasp the characteristics of promised sales behavior in practice and clarify the scope of patentee's rights, it is very necessary to define promised sales behavior.