Can a patent be used as a bid evaluation standard?

Legal analysis: It cannot be used as a bid evaluation standard, because patented technology is generally exclusive, and using patented technology as a bid evaluation standard may inhibit bidding competition.

Legal basis: Article 17 of the Interim Provisions on Bid Evaluation Committees and Methods (DecreeNo. 12, State Development Planning Commission, State Economic and Trade Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry and Ministry of Water Resources) The bid evaluation committee systematically evaluates and compares the bid documents according to the bid evaluation standards and methods specified in the bidding documents. Standards and methods not specified in the tender documents shall not be used as the basis for bid evaluation. The bid evaluation criteria and methods specified in the tender documents shall be reasonable, and shall not contain contents that tend to or exclude potential bidders, and shall not hinder or restrict competition among bidders.