Legal analysis: If you use, offer for sale or sell for production and business purposes a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, and you can prove the legal source of the product, you will not be liable for compensation. responsibility. "It can be seen that the act of selling a product that is not known to infringe someone else's patent and can prove that the product is of legal origin is still an infringement. However, because there is no subjective fault, the "Patent Law" exempts one from liability for compensation.
Legal basis: Article 77 of the Patent Law of the People's Republic of China can use, offer for sale or sell for production and business purposes a patent-infringing product that is not known to have been manufactured and sold without the permission of the patentee. Those who prove the legal origin of the product will not be liable for compensation.
Article 78 If you apply for a patent in a foreign country in violation of the provisions of Article 19 of this Law and disclose state secrets, you will be punished by the unit where you work or the superior authority. Administrative sanctions; if a crime is constituted, criminal liability will be pursued in accordance with the law.