A Study On Patent Infringing Concerning Remanufacturing Of Patented Product

In modern society, science and technology is changing quickly. Remanufacturing has become an important part of social development as an advanced manufacture technology in 21st century. However, law problems usually go with the new thing. This thesis aims at explaining the relevant law problems concerning remanufacturing from the view of infringement of right.Whether remanufacturing of patented products constituting the infringement of the patent right of the owners lies in the cognizance of the nature of this conduct, subsequently comes the disputes between repairing and remanufacturing. According to the basic theory of patent law, when the products produced by himself or someone else who was authorized by him to produce have been sold,the buyer has the right to use the product and repair it if necessary so that it can be in a good condition. However, this kind of repairing must be conducted within a limit, or it should be a new producing process in essence and constitute reconstructing which was forbidden by the law, on the above premises he should be responsible for it. Whereas repairing and remanufacturing have continuity in nature , it is hard to partition them in practice.In addition, because patent right has formally varieties in itself, the infringement of patent right concerning remanufacturing has become more complicated. Therefore, it is necessary to expatiate Patent exhaustion doctrine and Implied license that viewed the law footstone if you want to make it clear. Herein US has fruitful experience and is playing an important role in the practice of intellectual property, this thesis aims at analyzing it's relevant theories on the series of problems on the basis of the relevant precedent of America. Comparing the relevant law and regulations in China, we shall point out the difference between China and developed countries so that it can work in stipulating perfect system of patent infringement later. Therefore, the article divides four parts to explain my opinion:Chapter 1. Mainly introduce the academic backgrounds of patent infringing concerning remanufacturing of patented product. Firstly, introduce the relevant theory on the verdict of patent infringement, then according to the characteristics of remanufacturing of patented products, point out the key of the infringement, that is the argument between repairing and remanufacturing, then explain the relevant concepts.Chapter 2. Find out the standard and practical ways on distinguishing repairing and remanufacturing on the basis of analyzing America relevant precedent, then discover deficiency in our existing regulations, and propose practical ideas.Chapter 3. Mainly discuss Patent exhaustion doctrine and Implied license as the deep theory on the verdict of patent infringement concerning remanufacturing of patented product. Firstly, introduce the development process of the two theories in different countries and analyze them; then by the citation of America precedent, expound the importance and necessity of applying Patent exhaustion doctrine and Implied license in the patent infringement.Chapter 4. On the analysis of the example of the patent infringement concerning remanufacturing of patented product, find out a mode to stipulate perfect Patent exhaustion doctrine in China.