What are the behaviors that do not infringe patent rights
1. Patents manufactured by the patentee or with the permission of the patentee After the product is sold, the use or sale of the product no longer requires the permission of the patentee. This is an important restriction on patent rights and is called the "patent exhaustion principle." It should be noted that this principle only applies to Patented products that are legally placed on the market.
The products that are legally put into the market include:
First, they are put into the market by the patentee The second is the patented products put into the market by the licensee;
The third is the patented products put into the market by the licensee;
The third is the Patented products put on the market by the prior user;
The fourth is the patented products put on the market by the beneficiaries of compulsory license; the fifth is the licensee licensed by the national plan Patented products put on the market, etc. If you knowingly use or sell a patented product that has been illegally put on the market, it is an act of patent infringement.
2. Utilization by the prior user.
Article 69 Paragraph 3 stipulates that the same product has been manufactured before the filing date, using the same method or has been manufactured, used and prepared , and only continues to manufacture and use within the original scope, it will not be regarded as infringement. This is the first-to-use principle.
3. Use or sell patented products manufactured and sold without the permission of the patentee in good faith.
Article 69, paragraph 2, of my country’s Patent Law stipulates that anyone who uses or sells a patented product that is not known to have been manufactured and sold without the permission of the patentee shall Not considered infringement. Because any distributor has no obligation to find out how the patented product entered the circulation before using or selling it. This restriction on the rights of patentees is mainly to facilitate people's production and life needs.
4. Patented products are used in the operation of foreign transportation vehicles.
Article 69, Item 4 of my country’s Patent Law stipulates that foreign transportation vehicles that temporarily pass through China’s territory, territorial sea, and airspace shall be transported in accordance with the agreement signed with China by their respective Agreements or international treaties to which both parties are party, or in accordance with the principle of reciprocity, the use of relevant patents in the devices and equipment of the means of transportation for their own needs shall not be deemed as infringement. This is also a restriction on patentees stipulated in the Paris Convention for the Protection of Industrial Property.
5. Use for non-commercial purposes.
Article 69 of the Patent Law stipulates that the use of relevant patents exclusively for scientific research and experiments is not considered infringement because it does not belong to commercial activities. . The use of patents for non-commercial purposes is nothing more than the development of sub-science and technology, the education and training of talents, and the encouragement of scientific research and experiments. It also includes the use of patents for educational purposes and the use of patents for personal or family purposes.