Patented Products Manufacturing Infringement Studies

The research roots in the problem that the producers may be face with in the manufacturing process. With the improving of the people's concern about the intellectual property right, on the one hand the patentee has strengthened the protection to the patent right, one the other hand the producers begin to make a self-criticism to the manufacture and production of the product, in order to avoid infringing the patent right. During the process of using the patented product, the purchaser often takes some measures and acts the part of "producer" of the patented product to a certain extent. The problem is whether the purchaser's action constitutes permissible repair or impermissible reconstruction which would constitute patent infringement. Explaining the problem is the purpose of this article. In the author's opinion, the purchaser of a patented product has the right to take some requisite measures to preserve the useful life of the original product. But the ownership of a patented product does not include the right to make a substantially new product. The distinction between permitted and prohibited activities has been distilled into the terms "repair" and "reconstruction". However, it is readily apparent that there is a continuum between these two concepts. On the basis of basic theories of patent infringement, the article discusses the American legal precedents in order to distinguish Repair and Reconstruction, and expatiates on Patent exhaustion doctrine and Implied license. The article divides four parts to explain my opinion. Part 1. Chapter 1, It is the theory background about distinguishing Repair and Reconstruction. Reconstruction is the behavior of patent infringement in essence. Meanwhile, this part also introduced other relevant theories about judging patent infringement for the sake of a better presentation. Part 2. Chapter 2-4, It mainly analyses the American legal precedents about the principle of distinguishing Repair and Reconstruction, Patent exhaustion doctrine and Implied license. Part 3. Chapter 5, It mainly narrates what Patent exhaustion doctrine and Implied license act in the process of distinguishing Repair and Reconstruction. This part emphasizes the rationality, necessity and importance of Patent exhaustion doctrine and Implied license during distinguishing Repair and Reconstruction. Part 4. Chapter 6, It is mainly to conceive and analyse the relevant rules of our country.