The principle of patent exhaustion means that after the patented product (including the product directly obtained according to the patented method) manufactured by the patentee himself or others is legally put on the market, anyone who sells or uses the product no longer needs the permission or authorization of the patentee, which does not constitute infringement. That is to say, after the patented product is sold for the first time with the authorization of the patentee, the patentee loses the control and dominance over the resale and use of the patented product. Therefore, the exhaustion of patent rights is also called the principle of first sale. The core of this principle is: under the premise of protecting the legitimate rights and interests of patentees, maintaining the normal market transaction order and protecting the legitimate interests of operators and general consumers are conducive to the normal development of trade activities and preventing patent rights from hindering the market circulation of domestic commodities. The exhaustion of patent rights is aimed at every specific patented product legally put on the market, and will not lead to the termination of the patent right itself. Therefore, the exact meaning of patent exhaustion should be: the patentee no longer has control or dominance over the sale or use of patented products legally put on the market.
In our country, the expression of exhaustion of patent rights in the patent law is that the patented product or the product directly obtained by the patented method, after being sold by the patentee or the unit or individual authorized by it, uses, promises to sell, sells or imports the product, and does not infringe the patent right.