A Study On The Repair And Reconstruction Of Patented Products

China's relevant regulations concerning the repair and remaking of patented products are not mature, there exists only one try-out judicial interpretation addressing the problem. In countries like American and Japan, the legal rules are relatively mature in addressing such cases. The repair and remaking of patented products is not only relative to the interests of patentee, it also concerns the interests of buyers and users. To put it in a large picture, it concerns the interests of the general public. It is theoretically and practically significant to distinguish repair and remaking of patented products. This paper puts forwards proposals to improve and enhance China's relevant regulations by introducing the concept and characteristics of the repair and remaking of patented products based on exploring its theoretical basis and analysing relevant cases. This paper is composed of 4 parts.Part 1 summarizes the repair and remaking of patented products. It mainly introduces its concept and characteristics and the relationship between them.Part 2 explores the theory of the repair and remaking of patented products——the principle of patent exhaustion. It briefly the concept and the relevant theories of the principle of patent exhaustion. It then focuses on relevant regulations of U.S and summarizes the relationship between repair and remaking of patented products and the principle of patent exhaustion.Part 3 focuses on relevant cases. It mainly introduces and discusses relevant cases from U.S and Japan and China.Part 4 advances proposals to improve and enhance China's relevant regulations. It points out the challenges facing China's relevant regulations and the necessity for improvement.