Improvement on the basis of other people's patents, it depends on the specific how to improve, and then analyze whether infringement.
To give an example, assuming that the A patent has ABCD four innovation points and protection, if you find that in fact only ABCD made the product is not good enough, the new innovation points added to form the ABCDE, and launched the product, this time will still infringe.
But if you find that the C innovation point in the A patent is not important, you can use ABD to improve, or change to ABDE. then it does not constitute infringement. Infringement or not, is to look at the product used in the technology falls into the other side of the claim, and the other side whether to sue has nothing to do.
Expanded:
The conditions for enjoyment of the right of prior use are:
(1) Necessary preparations have been made for manufacture and use. That is, the main technical drawings or process documents necessary for the implementation of the invention or creation have been completed, or the main equipment or raw materials necessary for the implementation of the invention or creation have been manufactured or purchased.
(2) continue to manufacture or use only within the original scope. The "original scope" includes the scale of production that existed before the date of filing the patent application, and the scale of production that can be achieved by utilizing the existing production equipment or based on the existing production preparation.
(3) The method or design used in the manufacture of the product or in the use of the product in the first place shall have been independently researched and completed by the first-user, or obtained by lawful means from the patentee or other independent researchers, and not copied, stolen, or obtained by other improper means before the date of filing the patent application.
The claim of the accused infringer of the illegally obtained technology or design for the defense of prior use shall not be supported.
(4) The first-use right holder cannot transfer the technology that he/she has implemented first, unless he/she transfers it together with the enterprise to which he/she belongs.
That is, the first-user right holder after the patent application date will have implemented or made the necessary preparations for the implementation of the technology or design transfer or licensing others to implement, the infringer claimed that the implementation of the implementation of the original scope of the act of continuing to implement, shall not be supported, but the technology or design and the original enterprise and the transfer of the inheritance of the exception.
Using the patent in question exclusively for the purpose of scientific research and experimentation shall not be regarded as infringement of the patent.
Scientific research and experimentation exclusively for the purpose of scientific research and experimentation refers to scientific research and experimentation exclusively for the purpose of the patented technical program itself, the purpose of which is to study, verify, and improve the patented technology of other people, and to produce new technical results on the basis of the existing patented technology.
The use of the patent in the first paragraph of this article, including the research and experimentation of their own manufacture, use, import of the patented product or use of the patented method of behavior, but also for the research and experimentation of other people to manufacture, import the patented product behavior.
The manufacture, use or importation of patented drugs or patented medical devices for the purpose of providing information required for administrative approval, as well as the manufacture or importation of patented drugs or patented medical devices exclusively for the purpose of such manufacture or importation, shall not be regarded as an infringement of the patent right.
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