How to prove the right of first use?

Article 63, paragraph 1 (2) of the Patent Law stipulates that if the same product has been manufactured before the patent application date, the same method has been used or the necessary preparations have been made for its manufacture and use, and it continues to be manufactured and used only within the original scope, it shall not be regarded as infringement of the patent right. The right enjoyed by the person who uses the patented technology before the patent application is called the preemptive right, and the actor is generally called the preemptive right. How to prove the emergence of the right of first use, the necessary condition is that the technological achievements should be independently developed by the first user or obtained through other legal channels. Whoever obtains technological achievements by illegal means such as stealing trade secrets will not have prior rights, and the actor will also bear legal responsibilities. There are many disputes about the scope of preemptive right in academic and practical circles. The key point is that this technology must be strictly limited to the original scope of use before applying for a patent, or it can be expanded. If an enterprise invents a technology, but is unwilling to apply for a patent, and at the same time is worried that others will invent the same technology and apply for a patent, which will lead to its failure, then it needs to keep enough evidence to prove the facts and scope of its previous use. Generally speaking, the facts to be proved by the first user of evidence include 1. A fact made up first. Keep records of all research. The more detailed the technical development records, the better, including all kinds of documents, drawings, equipment, samples, meetings and exchange records related to conception, test, trial production, discussion, modification and various tests. Records of success or failure in the development process should be kept intact to enhance the persuasiveness of previous invention facts. 2. The fact of first use. There should be sufficient evidence to prove the production and sale of patented products. In addition, it is necessary to keep the scale of equipment and the purchase of production materials that prove that patented products are specially produced or mainly used for patented products. This is the key evidence to determine the extent to which the obligee can continue to use contention technology in the future.