The right of first use refers to the fact that, according to Item 2 of Article 69 1 of the Patent Law, the same product has been manufactured before the patent application date, the same method has been used, or necessary preparations have been made for its manufacture and use, and it is not regarded as infringement of the patent right.

Legislative intention and reason: protect the first person to implement patented technology and ensure fair competition.

Difficulties in understanding:

1. All actions before the filing date shall not lead to the disclosure of the contents of the patent application, otherwise it will directly destroy the novelty of the patent application;

2. The "patent application date" mentioned in this paragraph includes the "priority date";

3. "Original scope" usually refers to the production capacity before the application date, not the production capacity at the time of the dispute;

4. The way for the person claiming the right of first use to obtain the patented technology content must be legal, which can be obtained directly or indirectly from the patentee or legally from another independent inventor.