Research On The Prior User Right In Patent System

Prior User Right is intended to mean that, prior to the application date or priority date, in the case that others get to know the technology by research or any other legal way, they have begun to manufacture the same products, use the same methodology, or have made the necessary preparations to manufacture or use the technology in good faith, in this case, others have to right to continue to manufacture, use the patent in the original scope, this activity is not seen as patent tort behavior. The use of Prior User Right not only protects the right of the Prior User Right owner, but also protects the investment and the stability of the production prevents the waste, maintains the public goods. In the mean time, for the countries which applies the Prior User Right, it also helps to the balance the right between the investor and patent applicant. Historically, China has large number of advanced technology, but the laws for the Prior User Right is not comprehensive, which leads to the difficulties of applying the law. This article use the methodology of comparison analysis, documentary research and empirical analysis, in pursuit of the balance principle, tells the key basic theories of the Prior User Right, in light of the experiences of US, UK and Germany, based on the main problems we encounted, the article offers the suggestions for implementing the Prior User Right.Except for the introduction and conclusion, there are four parts of the body.The first part introduces the concept and the content of the patent right, analyses the basic theory of the patent right constraint theory from the concepts and catergories. After analysing the concept, nature and context of the Prior User Right, the article assess the value of Prior User Right.The second part discusses the Prior User Right systems in other countries, after the comparison, offering the relevant regulations which could be used.The third part talks about the legislations in the central and municipal level, in the mean time, it introduces the typical cases and the problems need to be fixed.The fourth part starts from the current legal system, learns from the other countries' legislation, suggests that China should make the law more comprehensive by introducing the time for getting Prior User Right, making sure the technology source of Prior User Right, making the content of Prior User Right more comprehensive and increasing the obligation for Prior User Right owner.