1. Use, promise to sell or sell after the patent right is exhausted.
Where the patented product manufactured or imported by the patentee himself or with the permission of the patentee, or the product directly obtained by the patented method is sold, it is deemed that the patent right has been "exhausted", and others do not need the permission of the patentee to use the product obtained through distribution, resale or retail channels. This principle, also known as the "exhaustion principle", is only applicable to patented products that are legally put into the market.
Second, give priority to use.
For the "first user" who has manufactured the same product, used the same method or made necessary preparation conditions for manufacturing and using before the patent application date, the technology can continue to be used within the original production scale. Prior rights can be transferred, but they cannot be transferred separately from the original production subject.
Third, temporary transit by foreign means of transport.
Foreign means of transport temporarily passing through China's territory, territorial sea and airspace can use China's patented technology in their own devices and equipment without the permission of the patentee, but this use is limited to the means of transport of countries that have signed agreements with China or international conventions and reciprocal treaties to which China is a party, and is not open to all countries. It should be noted that products with imitation patents on temporary transit means of transport do not fall within the scope of such fair use and should be regarded as infringement.
Fourth, non-production and business purposes.
Without the permission of the patentee, the use of patented technology for scientific research and experimental purposes, education, personal and other non-production and business purposes shall not be regarded as infringement. However, this kind of use can only be a small-scale non-profit use, and it cannot pose a threat to the potential market interests of the patentee, otherwise it does not belong to the scope of fair use. Return to Sohu to see more.