What is the responsibility for using products that infringe patent rights?
Hello, the answers to your questions about the liability for using products that infringe patent rights are as follows. According to Article 11 of the Patent Law, for product patents, the infringing acts include: manufacturing, using, promising to sell, selling and importing; For the method patent, the infringement acts include: using the patented method and using, promising to sell, selling and importing the products directly obtained according to the patented method; For design patents, the infringing acts are: manufacturing, promising to sell, selling and importing. Article 69 Any of the following circumstances shall not be regarded as infringement of the patent right: (1) A patented product or a product directly obtained by a patented method is used, promised to be sold, sold or imported by the patentee or a unit or individual licensed by him after being sold; (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 territorial land, waters and airspace use relevant patents in their devices and equipment for their own needs, in accordance with the agreement signed between the country to which they belong and China, or the international treaties to which both countries are parties, or in accordance with the principle of reciprocity; (four) the use of relevant patents exclusively for scientific research and experiments; (5) those who manufacture, use or import patented drugs or patented medical devices in order to provide the information needed for approval, and those who manufacture or import patented drugs or patented medical devices exclusively for them. Article 7 Anyone who uses, promises to sell or sells a patented infringing product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.