Study Of The Patent Infringement On Using Inter-temporal Product

The monopoly and exclusive rights of the patentee is provided in the eleventh article ofthe Patent Law of China, and the temporary protection in the thirteen. Generally in practice, ifsomeone uses the same invention without permission in the period of temporary protection,the behavior is not recognized as a patent infringement, but only required to pay theappropriate fee. If the behavior continue his implementation after the grant of the patent right,such implementation will be identified as the infringement of the patent right. And thebehavior needs to stop such infringement and compensates for the losses. However, on theretrial of patent dispute case of Kengzi Water Supply Co.&Siruiman Co.&Kangtailan Co.,the Supreme People’s Court has adopted a new way. The first and the second Instances madetheir judgment: Kangtailan Co. and Kengzi Water Supply Co cooperated with each other touse the invention patent product without permission, which constituted infringement of apatent right of Siruiman Co., so that they shall bear the corresponding liability. But the retrialhas amended, the Supreme Court thought the patent infringement was not established becausethe continued use, sale, offering to sale were originated from the temporary protection. Inorder to solve this dispute, this paper puts forward a more reasonable idea.The full text is divided into four parts.The first part: The case introduction and problem are put forward. This chapter mainlyintroduces the basic facts of the patent dispute case of Kengzi Water Supply Co.&SiruimanCo.&Kangtailan Co., and put forward the problems caused by the case.The second part: Interpretation of temporary protection of a patent for invention. Thischapter mainly analyzes the cause, legal effect and scope of temporary protection, and gives abrief introduction of the patent law of the United States, Germany, Japan, Russia to thetemporary protection rules.The third part: Analysis on the behavior of using inter-temporal product constitute apatent infringement. This chapter mainly argues the behavior of using the inter-temporalproducts constitutes a patent infringement from the component elements of patentinfringement, the principle of patent exhaustion constitutive requirements, and to illustratesthe reasonability of that from the perspective of interests balance.The fourth part: Analysis the liability limits of the inter-temporal product users. This chapter mainly discusses the limitation of inter-temporal product users from the difference ofthe use of inter-temporal product behavior and general patent infringement, and shows therationality of the processing from two aspects of legal theory and judicial practice.