1. After the patentee implements his patent, including selling or importing his patented products, or selling or importing products directly obtained according to the patented method, or licensing others to carry out the above acts, he has obtained benefits and his patent right has been realized.
2. If the patentee can still enjoy the right to the product after it is legally manufactured, imported and sold, it will not be conducive to the circulation and utilization of the patented product, thus causing damage to industrial progress and scientific and technological development, which is contrary to the original intention of patent legislation.
Precautions for Exhaustion of Patent Rights China's Patent Law stipulates that "after the patented product manufactured by the patentee or licensed by the patentee is sold, using or selling the product" is not regarded as infringement of patent rights. When understanding "exhaustion of patent rights", we should pay attention to:
1. Patent exhaustion refers to specific patented products, that is, is it infringement to use or sell specific patented products or products directly obtained according to patented methods?
2. The specific products with exhausted patent rights can only be patented products manufactured by the patentee or legally put on the market with the permission of the patentee or products directly obtained according to the patented method, and the problem of exhausted patent rights does not occur for illegally infringing products.
3. The exhaustion of patent right is not the termination of patent right, that is, the exhaustion of rights of any specific patented product will not lead to the termination or invalidation of patent right itself.