The 2023 Patent Law stipulates which situations are not considered to infringe patent rights

There are: Patented products or products directly obtained according to patented methods, which are sold by the patentee or units or individuals licensed by the patentee, and then used, promised to be sold, sold, or imported; and related products are used exclusively for scientific research and experiments. Patents and other situations will not be considered as infringement of patent rights. Regarding the question of what circumstances are not considered infringement of patent rights under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. What circumstances are not considered infringement of patent rights under the Patent Law

1. Any of the following circumstances will not be regarded as infringement of patent rights:

(1) Patented products or products directly obtained according to patented methods shall be deemed to have been infringed by the patent rights. Use, promise to sell, sell or import the product after it has been sold by a person or an entity or individual with his permission;

(2) The product has been sold before the date of patent application Manufacture the same product, use the same method, or have made necessary preparations for manufacture and use, and continue to manufacture and use it only within the original scope;

(3) Foreign transportation vehicles that temporarily pass through China's territorial land, territorial waters, and airspace use relevant equipment and equipment in their devices and equipment for the transportation vehicle's own needs in accordance with the agreement signed by the country to which it belongs and China or the international treaty to which both parties are a party, or in accordance with the principle of reciprocity. Patented;

(4) Use of relevant patents exclusively for scientific research and experiments;

">(5) Manufacture, use, and import of patented drugs or patented medical devices in order to provide information required for administrative examination and approval, or manufacture and import of patented drugs or patented medical devices specifically for them.

2. Legal basis: "Patent Law of the People's Republic of China"

Seventy-fifth Article 1 Any of the following circumstances will not be regarded as infringement of patent rights:

(1) Patented products or products directly obtained according to patented methods shall be owned by the patentee Or use, promise to sell, sell or import the product after selling it to an entity or individual with its permission;

(2) The product has been sold before the date of patent applicationManufacture the same product, use the same method, or have made necessary preparations for manufacture and use, and continue to manufacture and use it only within the original scope;

(3) Foreign transportation vehicles that temporarily pass through China's territorial land, territorial waters, and airspace use relevant equipment and equipment in their devices and equipment for the transportation vehicle's own needs in accordance with the agreement signed by the country to which it belongs and China or the international treaty to which both parties are a party, or in accordance with the principle of reciprocity. Patented;

(4) Use of relevant patents exclusively for scientific research and experiments;

">(5) Manufacture, use, and import of patented drugs or patented medical devices in order to provide information required for administrative examination and approval, or manufacture and import of patented drugs or patented medical devices specifically for them.

2. What are the behaviors that infringe patent rights?

According to the provisions of the Patent Law, the scope of protection of an invention or utility model patent shall be based on the content of its claims. The description and drawings may be used to explain the rights. requested content. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo. The acts that infringe patent rights include the following:

The act of manufacturing patented products without permission;

The act of intentionally using invention or utility model patented products;

The act of selling or promising to sell unlicensed patented products;

The act of using patented methods and using, selling, or offering to sell products directly obtained according to patented methods;

Importing patented products or The act of importing products directly obtained by patented methods;

The act of counterfeiting other people's patents or the act of passing off patents.

According to the provisions of the Patent Law, patented products or products directly obtained according to patented methods shall be patented by the patentee or units or individuals licensed by him. After sale, use,Promising to sell, sell or import the product; using relevant patents exclusively for scientific research and experiments, etc., will not be regarded as infringement of patent rights. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.