Five situations that are not regarded as infringement of patent rights

Legal analysis: five situations that are not regarded as patent infringement: 1, after the patent or the product obtained by it is sold, used, promised to be sold, sold or imported with permission; 2. It has been manufactured, used or made necessary preparations before applying for a patent, and it is only used within the original scope; 3, scientific research and experiment; 4. Providing information for political examination, manufacturing, using and importing patented drugs or devices, and manufacturing and importing patented drugs or devices exclusively for them; 5, temporarily through the territorial waters of China, the use of patent rights in transportation.

Legal basis: Article 69 of the Patent Law of People's Republic of China (PRC) * * * The department in charge of patent law enforcement has the right to take the following measures according to the evidence obtained when investigating suspected patent counterfeiting:

(a) ask the relevant parties and investigate the situation related to the suspected illegal act;

(two) on-site inspection of the places where the parties are suspected of illegal acts;

(3) consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts;

(four) to inspect the products related to the suspected illegal acts;

(5) Products proved to be counterfeit patents may be sealed up or detained.

When handling patent infringement disputes, the administrative department for patent affairs may, at the request of the patentee or interested party, take the measures listed in Items (1), (2) and (4) of the preceding paragraph.

When the patent law enforcement department and the patent administration department exercise their functions and powers as prescribed in the preceding two paragraphs according to law, the parties concerned shall give assistance and cooperation, and shall not refuse or obstruct them.