The restrictive provisions of China's patent law on the rights of patentees are embodied in Article 62 of the Patent Law. Without the permission of the patentee, any of the following acts shall not be regarded as infringement. (1) using or selling patented products manufactured or sold by the patentee and licensed by the patentee; This situation is usually summarized as the principle of "exhaustion of patent rights", and it is very necessary to limit the rights of patentees. If there is no such restriction, after the patented product is manufactured and sold by the patentee or the person licensed by the patentee, the patent right will still be attached to the patented product, which means that every link in the later circulation process, as well as when it is resold or used in the hands of end users and consumers, still needs the permission of the patentee. This not only greatly hinders the circulation speed, but also makes it impossible to circulate, and also makes the buyers of patented products lose the significance of buying patented products. From a reasonable point of view, when the patentee sells his patented product, it should already include the buyer's acquiescence in the sale and use of the patented product. At the same time, this restriction on the patentee's rights is also beneficial to the overall interests of social and economic development. (2) Using or selling a patented product that the patentee does not know about, without the permission of the patentee. This situation is usually summarized as the principle of "bona fide third party use". The reason why this situation is not regarded as infringement is mainly because ordinary commodity buyers usually lack the necessary means to find out whether the goods they buy are patented products, whether the products are manufactured and sold with the permission of the patentee or whether the patentee has read books to manufacture and sell them. In this case, it is obviously unreasonable to let an uninformed third party bear the tort liability. (3) The same product has been manufactured before the patent application date. If the same method is adopted, or the necessary preparations have been made for the manufacture and use, and the manufacture and use are continued only within the original scope, this situation is usually summarized as the "first use principle". This situation is not infringement. First, it avoids wasting a lot of industrial investment. Therefore, when applying this provision, the "pioneer" must have been manufacturing or using, or at least have made the necessary preparations. The so-called "necessary preparation" should usually be understood as a considerable amount of money actually invested in manufacturing and use, not just because of this consideration or included in the factory's own production development plan. The second reason why it is not regarded as infringement is to consider rationality, because in this case, the "first Mover" usually independently developed the technology that was applied for and patented by others, not because others applied for the disclosure of patent documents or benefited from the use of the patentee. However, in order to urge inventors to apply for patents as much as possible, so that the society can benefit from the disclosure of inventions and creations, the patent law reasonably takes into account the interests of "first employing people" and stipulates that "first employing people" can only continue to be used within the original scope. Exceeding the original design production capacity, without the permission of the patentee, is still regarded as infringement. We should grasp the principle of "first use" here, and also pay attention to the fact that "first use" refers to the current application, not before the patent is granted. (4) According to the agreement signed between the country and China or the international treaties to which they are both parties, or according to the principle of reciprocity, foreign means of transport passing through the territory, territorial sea and airspace of China temporarily use the relevant patents in their devices and equipment for their own needs. This situation is usually summarized as the principle of "temporary transit" and is not regarded as infringement, mainly because it is not necessary to regard this situation as infringement. Because vehicles in transit use related patents for their own needs, the damage to the interests of the patentee is usually minimal. At the same time, it is also to facilitate international shipping. However, the prerequisite for applying this provision is that the country to which the users of foreign means of transport belong must have corresponding agreements, treaties or reciprocity with China, and the means of transport can only pass through China temporarily. (five) the use of relevant patents for scientific research and experiments. This mainly refers to taking patented products or methods as the object of scientific research and experiments, which is not regarded as infringement and is conducive to promoting the scientific and technological progress of the whole country. (vi) For non-productive and commercial purposes. One of the conditions stipulated in China's patent law that constitute patent infringement is to manufacture, use and sell patented products and use patented methods "for the purpose of production and operation". Then, of course, patents "used for non-production and business purposes" should not be considered as infringement. This situation is not regarded as infringement, mainly because in general, the use for non-production and business purposes is not common, and the amount is small (such as copying a design product for personal appreciation), so it does not need to be regarded as infringement, which is conducive to reducing some unnecessary disputes in patent infringement.
Legal objectivity:
Article 69 of the Patent Law of People's Republic of China (PRC) shall not be regarded as infringement of the patent right under any of the following circumstances: (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports the patented product or the product directly obtained by the patented method after selling it; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity. Article 70 of the Patent Law of People's Republic of China (PRC) shall not be liable for compensation if it uses, promises to sell or sells an infringing patented product manufactured and sold without the permission of the patentee for the purpose of production and operation, and can prove the legal source of the product.