The"original scope"is a key factor in the patent prior use right,but due to the vague definition standard and overly strict standard of proof,the prior use right system is gradually falling into the dilemma of judicial application of"let me go,but I have no way to go"and"different judgments in the same case".To get rid of the dilemma of the judicial application of prior use right,the focus is not on the controversy over the defining criteria of original scope.Although the quantitative standard has certain limitations,it is still reasonable based on the consideration of institutional value and legislative background.Under the existing defining criteria,it is necessary to further explain the"scale of production"and clarify the corresponding standard of proof.
the patent prior use rightoriginal scopedefining criteriastandard of proof
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