Prior use right of patent

Legal analysis: The so-called prior right to use the patent refers to 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 the product, and continues to manufacture and use it only within the original scope. According to the provisions of the patent law, his behavior is not regarded as infringement.

Legal basis: Article 9 of the Patent Law of People's Republic of China (PRC). The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.