Rational use of patent rights According to the provisions of Article 63 1 of China's Patent Law, under legal circumstances, the use of patented technology without the permission of the patentee and without paying royalties to the patentee does not constitute infringement of patent rights. The so-called "statutory circumstances" include:
2. The manufacture and use of the first user. That is, before the patent application date, the same product has been manufactured, the same method has been used, or necessary preparations have been made for its manufacture and use, and it does not constitute an infringement of the patent right only within the original scope.