Does the technology that has been used before the patent application enjoy the right of first use?
The right of first use refers to the fact that, according to Item 2 of Article 69 1 of the Patent Law, the same product has been manufactured before the patent application date, the same method has been used, or necessary preparations have been made for its manufacture and use, and it is not regarded as infringement of the patent right. Component: 1. Before the patent application date (priority date), the same product has been manufactured, the same method has been used or the necessary preparations for manufacturing and using have been made; 2. Continue to manufacture and use only within the original scope; 3. The accused infringer obtained the technology through legal channels. Legislative intention and reason: 1, protect those who implement patented technology first, and ensure fair competition.