The word "promise to sell" comes from "offer to sell" mentioned in Article 28 of TRIPs Agreement. The expression of "promise to sell" is not exactly the same in all countries in the world, and the scope of application and specific requirements are also different, but the purpose of legislation is to enable the patentee to stop the infringement in the early stage of commercial transactions in time and protect the rights of the patentee.
In 2003, China issued the Draft Resolution on Issues Related to Dealing with Patent Infringement Disputes, which also explained the sales promise in the Patent Law-sales promise refers to an offer, an invitation to offer, and also includes clearly expressing willingness or willingness to sell patented products within the patent validity period by other publicity methods.
Extended data:
According to the Patent Law of People's Republic of China (PRC)
Article 11? After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes;
Or use its patented method and use, promise to sell, sell or import products directly obtained according to the patented method.
People's Daily Online-Is it a "promised sale" to send samples of patent infringement?
Dianjiang Municipal People's Congress Standing Committee-People's Republic of China (PRC) Patent Law