Statements On Use In The Patent Law

Invention patents and utility model patents are technical solutions essentially.The value of the above patents lies in the application of these technical solutions to solve the corresponding technical problems and achieve the appropriate technical result.In the practice of patent law,problem of confusing use in the patent law with use in facts exists.In order to determine the behavior of using a patent whether constitutes patent infringement,we have to determine the behavior of using a patent whether constitutes use in the patent law first.Definition of the object is the first step to define use in the patent law,because object is one part of patent infringement.Statements of this article are conducted while the object of use is a patented product in this article.In judicial practices,it is up to the court to define whether the accused product is a patented product,and the accused infringer who should know the technical function of the patent product does not need to recognize the existence of the patented product.The second step to define use in the patent law is to judge whether a user used a patented product for the purpose of the application of the technical function of the patented product.Main types of use in the patent law could be achieved from the review on patent infringement cases,based on which this article is written.When use in the patent law exists,patent infringement also consists of no authorization,specific purposes and no exception.A user with good will may be exempted from liability if he can prove the legal source of the infringing product,and may keep using the infringing product if he can prove that he has paid the reasonable consideration of the infringing product.To define use in the patent law,which helps further defining the infringing behaviors,can protect of legitimate interests of patentees as well as reducing the number of related patent cases,promote the full use of patent achievements as well as social progress and prosperity,avoid the expansion of patent rights,which is of great value and significance for both patentees and patent users.