According to the provisions of Article 63, Paragraph 1, of my country’s Patent Law, the reasonable use of patent rights requires that, under legal circumstances, use without the permission of the patentee or payment of royalties to the patentee Patented technology does not constitute infringement of patent rights.
What situations does fair use of patent rights include?
1. Use, offer for sale or sale after the rights have been exhausted. That is, after the patented product or the product directly obtained according to the patented method is sold, using, offering to sell or selling the product does not constitute infringement of patent rights.
2. Manufacturing and use by the prior user. That is, if 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 the manufacturing and use only continues within the original scope, it does not constitute infringement of patent rights.
3. Use on foreign temporary transit vehicles. That is, if foreign transportation vehicles that temporarily pass through China's territorial land, territorial waters, and airspace use patents in their devices and equipment for the transportation vehicle's own needs in accordance with international treaties or in accordance with the principle of reciprocity, this does not constitute infringement of patent rights.
4. Use for non-production and business purposes. The use of patented technology for the purpose of scientific research and experiment, for education, personal use and other purposes other than production and business operations can be done without the permission of the patentee and will not be considered an infringement. The use of patented technologies of others in scientific research, experiments, and education mentioned here can only be used on a small scale for non-profit purposes. If a large number of teaching aids produced by others' patented technology are used throughout the education system, even if there is no profit, it will be an indirect profit because the unit saves a lot of money to purchase teaching aids, and the patentee will lose this important consumer market and suffer economic losses. loss, therefore, this behavior does not fall within the scope of fair use.