| Like other social systems,the birth and the development of legal system can be considered as an experiment,which only requires a longer and bigger "laboratory". However empirical analysis require lots of statistics,which are hard to acquire in this case as patent info are private and treasury. Therefore this paper put my eyes on history and cases, to see how the theory was born from history and how to apply to reality, by analysing the comprehensive and detailed history and cases.In this paper, there are four parts:the historical analysis of patent exhaustion doctrine, the case studies of patent exhaustion doctrine, theoretical analysis of patent exhaustion doctrine, and the conclusion.The first part analyses patent exhaustion doctrine based on history, key words:the 1474 Venice Statute, Consideration Theory.Section I of this part is historical analysis of the patent system in order to understanding patent exhaustion doctrine more clear. This section focus on the history of the patent system before 1624. Turning first to the ancient Greek Sybaris people who gave the inventor exclusive rights to stimulate the invention. Then talked about the earliest recorded patent-like monopoly in the 10th century Venice where a silk weaving technology inventor obtained it. Then the first British patent, which was the source of the term "patent" in English. Then the most important history data in this section, that is,1474 Venice Statute. This bill establishes the purpose of the patent system, the conditions for patentability, the subject the object and the content of patent, patent protection, the infringement consequences, the regional principles and compulsory licensing. Comparing to the 1624 "Monopoly Statute", though 150 years earlier, this bill established a more comprehensive patent system, which well-deserved "world's first patent law". From the historical analysis of patent law, this paper obtained that, the patent system is a conscious design, which is meant to stimulate scientific and technological inventions by giving a limited monopoly to protect the economic interests.Section II of this part is historical analysis of the patent exhaustion doctrine ordered by cases for which was established by those precedents. This section first reviews the "hurt of trade" provisions in 1624 "Monopoly Statute", and implys that the very idea in old English common law of balancing the interests between patentee and the public is the source of the patent exhaustion doctrine. Then describes the Adams case in 1873,which established the patent exhaustion doctrine formally, and which concludes the "Consideration Theory",the theoretical foundation of patent exhaustion doctrine. Then in the development, this paper details the specific system of patent exhaustion doctrine apart from copyright and trademark exhaustion, that is, whether the sale of components exhaust complexs or methods patents, and whether the limited license can exclude patent exhaustion doctrine to apply to. From this analysis, this paper draw, the establishment of patent law, bringing contradiction between exclusive patent rights and freedom of trade, leads to the birth of patent exhaustion doctrine, whose purpose is to resolve the very contradiction, and whose specific aspects are method patent and limited license apart from trademarks or copyrights, based on "Consideration Theory".The second part analyses patent exhaustion doctrine from the recent case to explore how this doctrine is applicable to the specific case of the reasoning process. Key words:Quanta Computer v. LG Electronics, Fenggu v. Luhu.Section I of this part is the Quanta Computer v. LG Electronics case. This case is complicated, involving both method patent and limited license.Commenting on the case, firstly it analyzes whether patent exhaustion doctrine applies to method patents or not. If not, patent exhaustion doctrine would be seriously damaged. So patent exhaustion doctrine should apply to method patents. Secondly it figures out a product could apply patent exhaustion doctrine when it fixs certain requirements which it embodies essential features of method patents and has no reasonable non-infringing use, it can exhaust method parents. At last, it discusses whether limited license excludes patent exhaustion doctrine to apply to. It could be excluded under certain conditions, but this case don't have.Section II of this part is about Fenggu v. Luhu case. This case is simple, and this is consistent with our present situation. In short, it studies mainly whether this conduct applied to patent exhaustion doctrine when Luhu bought wine bottle waste from Fenggu, and then installed their own wine to sell. Commenting on this case, it states the opinion of Luhu at first, and then the opinion of I.P. Office. The office held that, the bottle and the liquor in that bottle made a whole, the protection of patented design shall also protect non-patented conduct as a whole.The author believes that the sale of the bottle itself is sufficient to trigger the application of the patent exhaustion doctrine, the case can be covered by trademark law or antitrust law or even criminal law. But by all means, it should not be covered by patent law, for it shall be not appropriate to extend the range of patent law. The third part is the theoretical analysis of patent exhaustion, mainly to the foregoing historical analysis and case analysis results are used together to put forward practical guidance. Key words:practice building.SectionⅠof this part reiterates the jurisprudence basis of patent exhaustion doctrine. Detailed the previous "Consideration Theory", this paper further held that, when the patented products is compensated with consideration, the patent right attached to the patented product has completed its mission, for whose existence is to ensure the economic interests,so the patented products shall beyond the perspective of patent law and go into perspectives of other civil laws. The legal value of patent exhaustion doctrine concerning about the relationship between patent monopoly and freedom of trade, is that, to demarcate patent law and other civil law.SectionⅡof this part constructs in detail the patent exhaustion doctrine practice. Firstly, according to the characteristics of the patent system itself, the patent exhaustion doctrine can apply to objects which should include the method patent and the complex patent; Secondly, for the general rights exhaustion doctrine is not sufficient, the patent exhaustion doctrine has its special requirements,that is, "embody essential features" and "no reasonable non-infringing use"; Finally, limited license, under some circumstances has the rights from patent law to prevent the possible abuse of patent exhaustion doctrine, on the other hand, it has only rights from contract law.SectionⅢof this part is the legislative proposal, in addition to the existing patent law, the main idea of this proposal is that, the patent exhaustion doctrine should meet "embody essential features"and"no reasonable non-Infringing use "to apply to. There are restrictions for this doctrine to apply to,that is,the licensee does not violate the restrictive conditions made by the claims.The fourth part of this paper is summary conclusion. |
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