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Patent exhaustion doctrine in China

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • China
  • -
  • December 21 2010

Article 69 of the current PRC Patent Law (the "Law") established the "Patent Exhaustion Doctrine," providing: "None of the following shall be deemed an infringement upon a patent right: (1) using, promising to sell, selling or importing any patented product or product directly obtained through a patented process after such product is sold by the patentee or with the permission thereof."