Author(s)

Taoran Li ¹, Yuemin Chen ¹

Affiliation(s)

¹ China-EU School of Law, China University of Political Science and Law, Beijing, Changping District, 102200, China

Corresponding Author

Taoran Li

ABSTRACT

At present, the global movement for right to repair is thriving. Represented by the United States, the European Union and Australia, each country has formulated relevant legislation based on its own national conditions. Without replacing the components, the right to repair does not lead to patent infringement. But further discussion is needed when components need to be replaced. Firstly, it should be clarified that the principle of patent exhaustion can provide a legitimate basis for the right to maintenance. Moreover, indirect patent infringement is based on the existence of direct infringement. After that, this article categories the resources of components and analyzes three types of sources for obtaining components separately, which will all lead to the risk of patent infringement in the maintenance.

KEYWORDS

Right to Repair; Patent Law; The Principle of Patent Exhaustion

CITE THIS PAPER

Taoran Li, Yuemin Chen. Right to Repair: Analysis from the Perspective of Patent Law. Science of Law Journal (2025) Vol. 4: 24-29. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040204.

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