Priority of patent right

The so-called prior right to use the patent right means that the actor has manufactured the same product before the patent application date, used the same method or made necessary preparations for manufacturing and using it, and continues to manufacture and use it only within the original scope, and his behavior is not regarded as infringement according to the provisions of the patent law. When invoking the defense of prior use right, the actor of the patent right shall meet the following conditions: (1) The actor must have started to manufacture the same product as the patented product, used the same method as the patented product, or made necessary preparations for the above manufacture or use. (2) The above-mentioned manufacturing, use or preparatory work for manufacturing and use must have been carried out before the patent application date and should continue until the application date. If the above-mentioned behavior has stopped before the application date, although it has been manufactured, used or is ready to be manufactured and used, it cannot be used as a defense for prior use; (3) Implementation should be limited to the original scale. If the prior user continues to manufacture or use the product or method protected by patent within the original scale, it shall not be regarded as infringement. Where a patent is exploited beyond the original scope, the excess part shall be regarded as infringement.