专利先行实施权的范围

专利的先行实施权是相对于专利权而独立存在的权利,它虽不构成对专利权的侵害,但应在一定范围内进行,其范围包括行业范围、数量范围、主体范围、客体范围,在范围的确定上,我国有不少争议。确定先行实施权的范围应符合我国国情,参照国外做法,予以适当扩大。

Ranges of Rights of Prior Practice

Rights of prior practice of patent exist along with patent rights. Though the continuous practice of patent technique doesn't violate the patent rights, its prior practice should be limited in such ranges as industries, numbers, subjects and objects. In china, there is much controversy on how to confirm the ranges. The author thinks that defining the ranges of rights of prior practice should be in conformity with our national conditions in the light of the way executed in foreign countries and we should widen the ranges.