The Patent Experimental Use Exemption Research

In order to realize the promotion science and technology progressand the socio-economic development basic goal, while the patent lawentrusts with the patent holder to its technical legitimate exclusive right,imposes the essential limit to the patent. Based on incentive innovationtheory and the patent disclosure mechanism, anyone could though publicinformation of such patent experimentation testify on it, if such patent isnot qualified for application or wrong information. It is good forperfecting patent. Researching on patent is ought to encouraging, it isbeneficial to promote technology development and balancing personalbenefit and society interest.The common patent experimental useinfringement exemption and the Bolar exception is to safeguard thescientific research, but there is no scope of application definitely in ourcountry. According to the United States, Germany, Britain, Japan andother countries of the experimental exemption to judicial practice studyand analysis of the legislation, this paper puts forward theestablishment,which is on basis of "founction",rather than " commercialpurposes", and only researching on patent. for the standard experimentexemption principle, and will apply to limit the scope of patenttechnology for the study of the experimental behavior. For Bolarexception principles, suggesting to import Patent terms extended andlinks system of United States, and use "reasonable related" as thestandard in trail, it ensures the smooth implementation of substantive law,and promoting our country medicine industry development.