What are the exemption provisions for bona fide third parties in patent infringement?

A bona fide third party means that the third party does not know the true situation of both parties in the legal relationship. It usually refers to an unknowing and registered right holder in an illegal transaction. What are the exemption provisions for bona fide third parties in patent infringement? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the exemption provisions for bona fide third parties in patent infringement

1. The patentee manufactures, imports or After selling a patented product manufactured or imported with the permission of the patentee or a product directly obtained according to the patented method, the product is used, offered for sale or sold;

2. The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and Only continue to be manufactured and used within the original scope;

3. Foreign transportation vehicles that temporarily pass through China’s territorial land, territorial waters, and airspace shall be installed and equipped on the transportation vehicle for its 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 participate, or in accordance with the principle of reciprocity. Use relevant patents;

4. Specifically Use relevant patents for scientific research and experiments.

Use or sell for production and business purposes without knowing whether Manufactured without the permission of the patentee andPatented products sold or products directly obtained according to patented methods will not be liable for compensation if the legal origin of the products can be proven.

Article 69 of the Patent Law shall not be deemed to infringe patent rights if any of the following circumstances occurs:

(1) Patented products or products directly obtained according to patented methods are used after being sold by the patentee or units or individuals licensed by them. , promising to sell, sell or import the product;

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

(3) Foreign transportation vehicles that temporarily pass through China’s territorial land, territorial waters, and airspace shall be classified according to their The agreement signed between the country and China or the international treaty to which both countries are parties, or the use of relevant patents in the devices and equipment of the means of transportation for their own needs in accordance with the principle of reciprocity;

(4) Use of 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, as well as manufacturing and importing patented medicines or patented medical devices specifically for them.

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