Preemptive right: refers to the right that someone has made the same product or used the same method before the patent application, or has made necessary preparations for the manufacture or use, and after the applicant's patent right is approved, the above-mentioned personnel can continue to manufacture and use it within the original scope. Generally speaking, "preemptive right" is considered as one of the cases that cannot be identified as patent infringement. Supplement: An act that does not constitute patent infringement shall not be regarded as patent infringement under any of the following circumstances according to Article 63 of the Patent Law of People's Republic of China (PRC):
(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; Follow-up: So you mean we don't have any infringement? Answer: It does not constitute patent infringement. Supplement: Of course, you have to show the historical records, design drawings, product standards and other original records of the products you sell. Time is of the essence. Testimony of questioner: Thank you 20 10-03-07.