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Abstract Patent as an incentive innovation system, the problem of the abuse of rights in practice, and then inhibit innovation to some extent. The use of patent right is a reasonable limit to patent right, can break the unfair monopoly of power, thus promote scientific and technological innovation. Therefore, it is necessary to make clear the conditions for patent exhaustion theory and improve the applicability of the rule of exhaustion of patent right in practice, so as to solve the problems that improper exercise of patent and hinder innovation in the process of socio-economic development.
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