Restrictions Of Component Sales On Patent Rights Of Combination

The patent indirect infringement system fills in the omission of traditional patent infringement judgment standard in patent protection,expands the scope of patent protection,brings the manufacturing and sales of parts into the scope of patent protection,and protects the interests of the patentee.However,the patentee may monopolize the production chain of the whole product,and repeatedly charge royalties in different links such as parts manufacturing and sales and composition manufacturing and sales,resulting in the imbalance of interests between the patentee and the patent implementer,and even affecting the interests of the public.Therefore,in order to maintain the balance of interests,it is necessary to explore whether the sales of components restrict the patent right of the composition.The limitation of component sales on patent right of composition is reasonable.First,the rationality of the exhaustion of patent rights of the composition caused by the sale of parts and components lies in: first,substantial equivalence,that is,the sale of the parts and components is substantially equivalent to the sale of the whole composition;second,maintaining the balance of interests.When the parts sold by the patentee or its licensees have substantive characteristics and do not have non infringement purposes,the applicable rights are exhausted.The rationality of implied license of composition patent caused by sales of parts and components lies in: first,compliance with contract relativity;second,protection of trust interest;third,maintenance of interest balance.When the parts sold by the patentee or its licensee have no non infringing use and there is a presumption of implied license,the implied license is applicable.The suggestions to improve the system of patent restriction of composition in the sales of parts and components in China are as follows: first,it is difficult to give a unified judgment standard for "parts do not have non infringing use","substantial features of parts" and "the situation of presumptive implied license" in practice,which is more flexible and specific;second,it is clear about the applicability of the two restrictions In order of application,the exhaustion of rights takes precedence over the implied license;in the third place,the application conditions of the two strict restrictions should not limit the interests of the patentee excessively while balancing the interests of the patentee,the users of parts andcomponents and the public.