Prior Use Right System Research in Patent Law
|School||Huazhong University of Science and Technology|
|Keywords||Prior use right Original scope Necessary preparations|
Former U.S. President Abraham Lincoln once described the patent system \An immeasurable role in the birth of the patent system to promote scientific and technological innovation of the country and society as a whole . China 's patent law has been formulated in the eighties of the last century , have been and are maturing in three modifications , the patent system is also contributing to the inventions , according to the law to protect the interests of the inventor to play an increasingly important role . China 's Patent Law of the first with the right system provisions of Article 69 ( 2 ) of the Patent Law \continue to manufacture , use of not regarded as an infringement of the patent right . \necessary preparations , and continue to manufacture , use only within the scope of the original does not constitute infringement . Obviously the legislators for the protection of the interests of the patentee , the scope of the right people with the right and made ??the appropriate restrictions , however, how to grasp the good to limit the degree of it, \products \Firstly, by introducing the first with the basic concepts of the right system , the nature of the first system and novelty, the prior art system , a reasonable use of the differences and connections of the system ; then several major national patent laws on prior use right the system requires that a comparative analysis , mainly the implementation of the first application system in Japan , Germany , France , and the introduction of the system of \learn ; followed by comparative analysis of applicable first with the right system , around the first technical sources , the original scope of the definition , the definition necessary preparations were analyzed and compared by research and analysis on these issues to identify the mode suited to China's national conditions ; finally on our own proposals using the right system perfect .