Basic concept of exhaustion of patent right

Exhaustion of patent rights is the expression of the principle of exhaustion of rights in intellectual property law in the field of patent law. Because the patent right has gained reasonable benefits through its first legal sale, if it is allowed to continue to circulate and use the products it sells, it will obviously bring inconvenience to the public's life, hinder the circulation of goods and be unfavorable to the commodity economy. Therefore, it is necessary to prevent the protection of patent rights from exceeding reasonable limits and adversely affecting the normal economic order.

Generally speaking, there are two ways to determine the scope of application of patent exhaustion, namely domestic exhaustion, international exhaustion and or regional exhaustion. Countries all over the world have generally established the principle of domestic exhaustion of patent rights in domestic legislation, but the principle of international exhaustion has not been clearly defined. The reason why the application scope of the principle of international exhaustion of patent rights is not clearly defined is mainly based on the regional principle of intellectual property rights. In other words, due to the differences of intellectual property rights in different countries, intellectual property rights obtained in one country do not mean that they are naturally obtained in another country. Similarly, the rights of intellectual property owners are exhausted by selling according to the laws of one country, but the same intellectual property rights they enjoy in other countries are not necessarily exhausted. In view of this, there are two kinds of arguments at present: one is to oppose the principle of regionality and the principle of international exhaustion, so as to deny its application in domestic law and expand the exclusive scope of patent rights in the international market. Most people who support this idea come from developed countries and regions represented by the United States and the European Union. Second, the principle of regionality is only the limited protection of patent rights stipulated by law, and it is in a secondary position in the principle of exhaustion of rights. In other words, it supports the expansion and development of the principle of exhaustion of patent rights favored by developing countries including China. In practice, the latter has been paid more and more attention and adopted by legislation.