Analysis On The Principle Of Patent Exhaustion

Based on the definition of principle of patent exhaustion, this paper compares and analyzes its two kinds of theories, that is, the default permission theory and the inner limit theory. Nowadays the inner limit theory, the inherent nature of the principle of patent exhaustion, has been commonly adopted in our country. However,what comes along with such adoption is that the application of the principle of patent exhaustion has a too narrow scope normally caused by the limited level of legislation.To further analyze and deeply solve this problem, the paper explores the origin and development of the principle of patent exhaustion, analyzes related legislations and cases in the process and displays briefly its various characteristics in different periods of different countries. Following the preliminary analysis, the paper focuses on the detailed argument from four aspects of jurisprudence, civil law, economics, and intellectual property law. Concretely speaking, the principle of patent exhaustion exists on the basis of the relative freedom of rights, together with the requirements of law fairness, justice and order. Since intellectual property right belongs to private law in nature, the principle of patent exhaustion is the reflection of the principle that abuse is forbidden in the field of civil rights in the patent field. At the same time, the principle's creation is a good solution to the conflict between property rights and patent rights. Modern economics law requests to reduce transaction costs and improve the efficiency of society, which is ensured by the principle of patent exhaustion through its benign and efficient operation. As a kind of intellectual property, patent right itself is of intangible, unlimited reproduction and accumulation; while it has monopolistic and regional characteristics. Such a particularity, along with the theory of balance of interests, needs to create the principle of patent exhaustion in the patent field. After the description of theoretical basis of the principle of patent exhaustion,this paper returns to the analysis of the application of the principle from our "Patent Law". Firstly, it demonstrates that the applicable objects of the principle of patent exhaustion should be patented products, or those directly obtained through the method of patent and other legitimate manufacturing patented products. In particular, it focuses on products that are obtained according to the patent of relevance, the prior right, obligatory license and implemented plans can also apply the principle. At the same time, it discusses the problem of repair and reconstruction here, and points outthattherepairandreconstructionshouldbespecifictothecaseanalysisintheguidanceoflaw.secondly,itanalyzes "restrictions" oftheprincipleofpatentexhaustion.differentformsofpatentrightshavedifferent "exhausted" contents.inourcountry,itislessappropriatetoregulatethestipulatedtimenodefortheprincipleas "afterthesale",but "afterthelegitimateinvestmenttothecirculationfield".currently,theprincipleofinternationalexhaustionisadoptedinourcountry,whichisconsistentwiththepatentlevelandtheeconomiclevelofchina.basedontheaboveanalysisoftheprincipleofpatentexhaustion,thepapercontinuestodiscusssomedisadvantagesofour "patentlaw" fromthreeaspectsofthechaosoflegislativesystem,narrowscopeofapplicationandinappropriatestipulatedtimenode.aimingatsolvingtheseproblems,itprovidessomesuggestionsthattheprincipleofpatentexhaustionshouldneverbestrippedfromtheprovisionsofthetort,ifpossible,theprovisionsshouldbestatedas: "therightsconferredbythepatentdonotextendtosuchbehaviorsofpatentedproductsastheuse,offeringforsale,salesorimportafterthelegitimateinvestmenttothecirculationfield."...