What does the preemptive right of patent mean?

1, as stated in the first layer: "The right of first use refers to: according to the second item of Article 69 1 of the Patent Law, a person who has made the same product, used the same method or made necessary preparations for manufacturing and using the product before the patent application date, and continues to manufacture and use it only within the original scope, is not considered as patent infringement."

2. The right of first use is a kind of perfection and supplement to the system of applying for patent first.

The disadvantage of applying first is that someone invented an invention first, but he didn't disclose it or apply for a patent. But the person who invented it later applied for a patent and obtained a patent right. In this case, if the first inventor wants to produce or use the patented product, it is unfair to infringe the patent right of the latter inventor.

In addition, the patentee informed others of the patented technology before applying for a patent, and did not mean that he would apply for a patent in the future. Then this insider produced, used or prepared to produce and use before the application date, and did not expect that there would be infringement in the future. If it is also classified as infringement, it will damage the rights of this legal insider and be unfair.

Therefore, we have the right of first use to protect the rights of the first inventor and the first implementer.

3. The generation of the first right to use can be an independent invention-creation completed before the application date, which can be obtained directly or indirectly from the patentee or legally from another independent inventor.