The Case Analysis Of Patent Exhaustion Principle

According to the Patent exhaustion principle, whether recycling ofpatented products constitutes the infringement of the patent rights of theowners lies in the cognizance of the nature of this conduct. According tothe basic theory of patent law, when the products produced by himself orsomeone else who was authorized by him to produce have been sold，thebuyer has the rights to use the product and repair it if necessary so that itcan be in a good condition. Subsequently comes the disputes betweenrepairing and remanufacturing. However, this kind of repairing must beconducted within a limit, or it should be a new producing process inessence and constitute reconstructing which was forbidden by the law, onthe above premises. he should be responsible for it. Whereas repairingand remanufacturing have continuity in nature it is hard to partition themin practice.Under the sustainable development, some producers turn their eyesto the patented product recycling, so as to greatly reduce the cost ofproduction. With the large benefits of recycling, its validity still needs tobe discussed. Especially at present the research on this rule is not enoughin our country, exist many controversial points, that appears in recentyears three cases of" old" bottle" new" wine occurred in three distinct endresult, it is worth considering. Furthermore, it is necessary for us to makeresearch on the validity of patented product recyclingThis article through the analysis of three cases of "old" bottle “new"wine combined with foreign judicial precedent and theory to clarify the validity of patented product recycling. At the same time, offering a clearexplanation of whether patented product recycling is a" Reconstruction"behavior.Therefore, the article divides into four parts to explain my opinion:the concept and theoretical basis of the patent exhaustion principle isintroduced in the first chapter. The second chapter is mainly about therecent three cases of "old" bottle “new" wine then summed up the samepoints of these cases, and the question will be revealed. On the basis ofthe chapter2, specific analysis is needed; chapter3offers an explanationof the main theoretical difficulties. At the last chapter, the author will putforward personal recommendations to establish such rules in China.