The technology used by the defendant is a publicly known technology and does not constitute an infringement of the plaintiff’s patent rights.

According to the relevant laws of our country, infringement of rights requires legal liability. Legal liability includes administrative penalty liability, civil compensation liability, and criminal liability. It is very important to determine patent infringement. Then the conditions that do not constitute infringement of patent rights are: How? Below, the editor of Legal Savior Network will provide readers with relevant answers. The technology used by the defendant is a publicly known technology. Doesn’t it constitute an infringement of the plaintiff’s patent rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

The technology used by the defendant is a publicly known technology and does not constitute an infringement of the plaintiff's patent rights

The technology used by the defendant Publicly known technology does not constitute an infringement of the plaintiff's patent rights.

Article 69 of the Patent Law Any of the following circumstances will not be considered as infringement of patent rights:

(1) Patented products or products directly obtained according to patented methods are used, promised to sell, sold or imported after being sold by the patentee or an entity or individual licensed by the patentee;

(2) The same product has been manufactured and the same method has been used before the patent application date Or the necessary preparations have been made for manufacture and use, and the manufacture and use will only continue within the original scope;

(3) Foreign means of transport that temporarily pass through China's territorial land, territorial waters, and airspace are means of transport in accordance with the agreement signed by the country to which they belong and China or the international treaty they both participate in, or in accordance with the principle of reciprocity. Use relevant patents in their devices and equipment for their own needs;

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

(5) To provide information required for administrative review and approval, manufacturing, using, or importing patented drugs or patented medical devices, or specifically manufacturing or importing patented drugs or patented medical devices.

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