Answer: C, D
This question mainly examines patent infringement and is an important test point.
Article 34 of the "Patent Law" stipulates that after the patent administration department of the State Council receives an invention patent application and determines upon preliminary examination that it meets the requirements of this law, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request. Article 35 of the Patent Law stipulates that within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, , the application will be deemed withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own. Article 39 of the "Patent Law" stipulates that if no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement. It can be seen from this that the examination of invention patents implements the "early disclosure, request for examination" system. If the patent application is deemed to meet the formal requirements after preliminary examination, it will be published 18 months from the date of application. The purpose of early disclosure is to allow other rights holders to raise objections. Within 3 years from the filing date of an invention patent application, the applicant may request for substantive examination at any time. If no reason for rejection is found after substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement. It can be seen that after the invention patent application is published and before the patent office announces the authorization, the applicant has not obtained the patent right. Therefore, the third party’s implementation of the technology without consent during this period does not constitute infringement, so option A is wrong.
Article 75 of the "Patent Law" stipulates that any of the following circumstances will not be regarded as infringement of patent rights: (1) Patented products or products directly obtained according to patented methods are purchased by the patentee or manager. The licensed units or individuals use, promise to sell, sell, or import the product after selling it; (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 means of transportation that temporarily pass through China's territorial land, territorial waters, and airspace shall be used in accordance with the agreement signed by the country to which it belongs and China or the international treaty to which China is a party, or in accordance with reciprocity. In principle, the relevant patents are used in the devices and equipment of the transportation vehicle for its own needs; (4) The relevant patents are used exclusively for scientific research and experiments; (5) To provide the information required for administrative examination and approval, manufacture, use, For those who import patented drugs or patented medical devices, as well as those who specifically manufacture or import patented drugs or patented medical devices, it follows that after the patentee sells the patented product, the use of the product will not be deemed as infringement of the patent right. Therefore option B is not selected.
According to the provisions of Article 75, Item 4 of the Patent Law, the use of relevant patents exclusively for scientific research and experiments will not be regarded as infringement of patent rights, and the manufacture of relevant patented products exclusively for scientific research will not be regarded as infringement of patent rights. It will affect the commercial interests of the patentee and constitute infringement, so option C is selected.
According to Article 77 of the Patent Law: To use, offer for sale or sell for production and business purposes a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, it can be proven that the product If it comes from legal sources, we will not be liable for compensation. It can be seen from this that the situation in item D of this question can prove its legal origin and is a bona fide infringement. The bona fide infringement is still an infringement and is elected.
To sum up, the answer to this question is CD.