Research On Patent Prior Use Right

The prior use right system has played an increasingly important role in allnations’ patent laws, and has great significance for protecting the patent frommisusing, balancing the interests of patentee and the holder of prior use rights. PatentLaw of the People’s Republic of China makes the principle provisions of this System,moreover Interpretation of the Supreme People’s Court on Several Issues concerningthe Application of Law in the Trial of Patent Infringement Dispute Cases givesspecific explanations of the elements of the prior use right. However, there are someshortcomings in our prior use right system in the legislative, which fail to balance theinterests of patentee and the holder of prior use rights sometime and difficult to applyin the judicial practice. This paper thoroughly analyzes the System in China and findsout the deficiencies. It also tries to put forward how to perfect the System under thenational situations of China through comparison on the same System in Japan, Taiwanprovince and Germany.Apart from the Introduction and the Conclusion, this thesis is divided into fourchapters:The first chapter is an overview of the patent prior use rights system. Thischapter begins with the concept and the nature of the patent prior use right, thenanalyzes the legal principle and the value as well as further discusses China ’s patentlaw, judicial interpretation, and the High Court opinion.The second chapter introduces the some Systems of Japan, Taiwan province and Germany. Through comparing their Systems, some mature experiences to apply forour country is summed up.The third chapter discusses the status and shortcomings of our current System,including the scope of the technology, sources of technology, necessary preparationsand the original scope. On the basis of above analysis, I summarize the shortcomingsof our System in order to perfect it.The fourth chapter is about how to perfect our System. This part firstly putsforward how to make up for the deficiencies of the System in China. Then this chapterpoints out how to improve and develop the System in accordance with the differentextent and nature of deficiencies.