What is the legal basis for patent prior use rights?

The right of prior use refers to the right that someone has made the necessary preparations for manufacturing or using before applying for a patent. After the applicant's patent rights are approved, the above-mentioned people can still continue to manufacture or use within the original scope. So what is the legal basis for the right of prior use of a patent? The editor of Legal Savior Network will give you the answer. Let’s take a look. I hope it will be helpful to everyone.

What is the legal basis for patent prior use rights

"Patent Law Article 69, paragraph 1 (2) According to this provision, if the same product has been manufactured, the same method has been used, or the necessary preparations for manufacture and use have been made before the date of patent application, and the manufacture and use only continues within the original scope, it will not be regarded as infringement of patent rights. The right enjoyed by a person who uses the patented technology before the patent application is filed is called the "right of prior use", and this person is generally called the prior user.

The necessary condition for the right to use first is that the technological achievements should be independently researched and developed by the First user or It is obtained through other legal means. If the technological achievements are obtained through illegal means such as stealing trade secrets, no prior use rights will be generated, and the perpetrator will also bear legal liability.

There are many disputes in academic circles and practical circles about the scope of the right of prior use. The key is that the technology must be strictly limited to the original scope of use before patent application, or it can be expanded. If a company invents a technology but is unwilling to apply for a patent, and at the same time is worried that others will invent the same technology and apply for a patent, which will cause it to lose money, it needs to retain sufficient evidence of the fact and scope of its prior use.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.