Study On The Theory Of Implied License And Exhaustion Doctrine In The Patent Law

There will be conflict between the patent right and real right after the first sale ofthe patented product. In essence, it is conflict between the patent right and the interestof the public for accessing new technology. The Implied License Theory is availableto be applied to solve the foregoing issue as well as the Patent Exhaustion Doctrine.However, the two theories have aspects of differences during the application. Article69(1) of the Patent Law of PRC regulates relevant issues, but there’s dispute abouteither the Implied License or the Exhaustion Doctrine should be the basic theory ofthis article, and there’s no regulation which can regulate the conflict related to processpatent after the first sale of the product. According to the situation of our country, it ismore suitable to apply the Patent Exhaustion Doctrine to solve the right conflict afterthe first sale of the patented product. In addition, the Exhaustion Doctrine can beapplied to the process patent and it should be regulated in and thus to perfect thePatent Law of our country.This thesis applies the study method of case research and theory analysis. Thebody part mainly consists of the following three chapters:Chapter one is an overview of the Implied License and Exhaustion Doctrine,includes the meaning and resources，regulations and problems in the Patent Law ofChina of the two theories, and the conflicts which can be solved by applying them.Chapter two is an important part which introduces the differences between theImplied License and Exhaustion Doctrine during the application. The differences areintroduced from the aspects of the effects, the applicable scope, the applicable conditions, the influence of the restrictive sale conditions, and the interest tendency ofthe results when applying the two theories respectively.Chapter three is a suggestion that we should establish the application of theExhaustion Doctrine to dealing with the right conflict after the first sale of the patentproduct in the Chinese Patent Law. In addition, add the regulation of application ofExhaustion Doctrine on the process patent in and thus to perfect the Patent Law.