1. The patentee uses, promises to sell or sells the patented products manufactured or imported by him or the products directly obtained by the patented method after sales. 2. Having manufactured the same product, used the same method or made necessary preparations for 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 territory, territorial sea and airspace use the relevant patents in their devices and equipment for their own purposes according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity. 4. Dedicated relevant patents to scientific research and experiments. If the use or sale of a patented product that is not known to be manufactured or sold without the permission of the patentee or a product directly obtained by a patented method is used for production and business purposes, it shall not be liable for compensation if it can prove the legal source of the product.
Legal objectivity:
120265438 article 54 of the patent law, which came into effect on June 6, 2002, in case of national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit the invention patent or utility model patent. Article 55 For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party. Article 56 Where an invention or utility model for which a patent right has been obtained is a major technological progress with great economic significance compared with the invention or utility model for which a patent right has been obtained before, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may, upon the application of the latter patentee, grant a compulsory license to exploit the previous invention or utility model.