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What is the principle of patent exhaustion?
Release Time：
2020-08-14
(1) It has been three years since the patent right was granted, and it has been four years since the patent application was filed, and the patentee has failed to implement or fully implement the patent without justifiable reasons, or the patentee has exercised the patent right. If the behavior is determined to be a monopoly in accordance with the law, in order to eliminate or reduce the adverse impact of the behavior on competition, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation. .
The patentee has obtained benefits from the implementation of its patent and its rights have been realized. If the patentee can still enjoy rights to the product after the product has been legally manufactured, imported and sold, it will be very detrimental to the circulation and utilization of the patented product. However, one thing to note is that the "exhaustion of rights" principle stipulated in the Patent Law is limited to patented products and products directly obtained by patented methods. Patented methods do not involve this principle.
The law protects technologies and methods for which patent rights are granted, but rights holders cannot abuse their rights. The principle of "exhaustion of rights" formally places a reasonable limit on the scope of application of patent rights, which should attract the attention of rights holders.
Source: China Intellectual Property Rights Protection Assistance Network
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