| The exception of patent infringement is an important part of the defendant strategy of patent, sound system of exception of patent infringement will pay as a role of conciliation between patentee's private interests and public interests. It will effectively protect public interests on the basis of protecting patents. Because of this, all countries have established complete patent protecting system, but meanwhile, have hade some rules to restrict the implement of patents at a certain extent. The purpose of the restriction is to balance the interests of different parts, which can be at last actualize the legislative merits of patent law, that is promoting the society's innovate capacity and the industry's development. However, because of that different countries differed in economic development and legislative principia, they also have different understanding of the types of the exception of patent infringement and the meaning of each type. Among these countries, Japan, America, Germany and England are the most representative counties which have plentiful patents. Generally speaking, there are seven types of exception of patent infringement in the world, they are right exhaustion, first use of power, scientific research and experiments, temporary entering, the private non-commercial use, existing domestic objects when patent is applying, extemporaneous preparation in a pharmacy of a medicine in accordance with a prescription. There are both sameness and difference in different countries about exception of patent infringement, the sameness reflects the international uniform practice and the future trend of exception of patent infringement. The difference reflects the patent rules of different countries. China is now instituting intellectual property strategy, and the third amendment of patent law is also processing, so the research of the exception of patent infringement are very important. Through theoretic and case's analyse and comparative research. It is found that the actual regulation of the exception of patent infringement in china is not comprehensive in types, the content and the conditions are also strictly restrictive. All of these are not accorded with the development of China's economic. China should amend its regulations on the principal of maximum of national interests, and use foreign sound legislative practice for reference, and furthermore comprehensive consider all of the elements including the existing economic development, the existing industry development and the existing protection of the intellectual property. |
