Basic overview of promised sales

On August 25th, 2000, the 17th meeting of the 9th the NPC Standing Committee in China adopted the second amendment to the Patent Law. The amendment has made many major amendments to the Patent Law, which has timely adapted to the needs of the integration of the patent system with the TRIPS Agreement (that is, the agreement on trade-related intellectual property rights) after China's accession to the WTO, and has been widely praised. Article 1 1 of the Patent Law stipulates the scope of the patentee's rights and is one of the core provisions of this law. 1992 When the Patent Law was first revised on September 4, 1992, this article was greatly revised and supplemented. The article 1 1 is revised again in this revision, which is particularly eye-catching. The first paragraph of the revised article 1 1 stipulates: "After the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, nor may it use its patented method and use, promise to sell, sell or import it according to the patented method. Compared with the corresponding provisions before the revision, the biggest change is that the provision of "offering for sale" is added, but the content of the third paragraph of the original article 1 1 about the import right is merged into the first paragraph. The promulgation of this regulation marks a new improvement in the level of patent protection embodied in China's patent law. Since the word "promised sales" first appeared in the formal legislation of our country, how to understand it and how to apply it in practice should be a topic worthy of discussion. This paper gives my humble opinion on this issue.