Repair And Reconstruction Of Patented Products From The Perspective Of Patent Exhaustion

With the improvement of our country's attention to environmental protection,the recycling industry has developed rapidly in recent years,and with the progress of science and technology,patented products are all over every comer of our lives.Therefore,does the recovery and reuse of patented products infringe the patent right?It has become an urgent problem to be solved.Because there are no relevant provisions for the repair and reconstruction of patented products in our country,it is difficult to determine whether the recovery and reuse of patented products constitute patent infringement.However,it is difficult to unify the understanding of this problem in the theoretical circle,which leads to the awkward situation that the judge has no law to follow injudicial practice.This paper mainly analyzes whether the repair and reconstruction of patented products constitute infringement from the perspective of patent exhaustion principle.The first part mainly explains the origin and function of the principle of patent exhaustion,and summarizes the repair and reconstruction of patented products.Since there is no clear stipulation on the distinction between repair and reconstruction in our country,in the second part of this paper,after analyzing and studying the distinction standard between the United States and Japan on this issue,According to the actual situation of our country,we draw lessons from the judgment standards such as "whole scrapping" and "essential part".And in the third chapter of this paper,the current disputes in academic circles are discussed in detail.In the larger "filter renovation case" and three "old bottled new wine cases",it is considered that the core of the repair and reconstruction of patented products should be "overall scrapping",and the identification of reconstruction must be based on the fact that it constitutes "new production".For the purpose of profit,the behavior of the defendant in these two patent disputes in our country should belong to repair rather than reconstruction.The fourth chapter puts forward some suggestions on the judgment rules of repair and reengineering of patented products in China.While referring to the standards of "overall scrapping"and "new production",based on the basic national conditions and considering the balance of interests,a relevant value system is established from a macro point of view.There can be a reasonable reference range in judicial practice.