Patent right of prior use refers to, according to the provisions of Article 69, paragraph 1, item 2, of the Patent Law, the same product has been manufactured, the same method has been used, or the manufacturing and use have been prepared before the patent application date. Necessary preparation and continued manufacture and use within the original scope will not be deemed as infringement of patent rights.
Requirements:
1. The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date (priority date);
p>
2. Continue to manufacture and use only within the original scope;
3. The accused infringer obtained the technology through legal channels.
The original intention and reason of the legislation:
1. Protect the first person to implement the patented technology
2. Ensure fair competition. Difficulties in understanding: 1. All matters that occurred before the filing date The behavior must not lead to the disclosure of the contents of the patent application, otherwise it will directly destroy the novelty of the patent application; 2. The "patent application date" mentioned in this paragraph includes the "priority date";
3. "Original "Scope" usually refers to the production capacity before the filing date, rather than the production volume at the time of the dispute; 4. The way in which the person claiming prior right to obtain the patented technical content must be legal, which can be directly or indirectly from the patentee. It may also be obtained legally from another independent inventor.