As the case may be, according to the provisions of the Government Procurement Law, independent innovative products with independent intellectual property rights stipulated by the state can be purchased by the state for the first time without operating performance, that is, they can be directly purchased by the finance without bidding, but they must be approved by the relevant departments; If there is no substitute for the patented product, and the product must be used in reality, you can apply to the government procurement management department for single-source procurement. Where a patented product has functions that other products can meet the actual needs, or only has a patent with design and non-main functions, it may be subject to public bidding. In short, patented products can be purchased from a single source, but it is not allowed to deliberately set restrictive, tendentious and exclusive technical indicators to prevent other suppliers from entering the local government procurement market on the premise that other products meet the requirements.
Because there are still some problems in China's government procurement management system, there are no specific rules for the implementation of the government procurement law, and the actual situation in different places is different, so the management and operation of government procurement in different places are not the same. Whether it is illegal or not depends on whether it meets the policy requirements of open, fair and just operation, such as the Government Procurement Law and OrderNo. 18 of the Ministry of Finance, and is not subjective. At present, in view of the problems existing in government procurement, China is stepping up reforms. It is believed that with the further deepening of the reform of government procurement system and electronic application, those behaviors that are not in harmony with the construction of a "harmonious society" will surely die out under the "sunshine cause".