Fair use of patent right refers to the use of patented technology without the permission of the patentee and the payment of royalties under legal circumstances according to Article 63 1 of China's Patent Law, which does not constitute infringement of patent right.
2. What are the conditions for the fair use of the patent right?
1. Use, promise to sell, or sell after exhaustion. That is, after the patented product or the product directly obtained according to the patented method is sold, using, promising to sell or selling the product does not constitute patent infringement.
2. The manufacture and use of the first user. That is, before the patent application date, the same product has been manufactured, the same method has been used, or necessary preparations have been made for its manufacture and use, and it does not constitute an infringement of the patent right only within the original scope.
3. Use foreign temporary transit vehicles. That is, foreign means of transport that temporarily pass through China's land, territorial sea and airspace use the patents in their devices and equipment for their own needs according to international treaties or the principle of reciprocity, which does not constitute patent infringement.
4. For non-production and commercial purposes. Without the permission of the patentee, the use of patented technology for scientific research and experimental purposes, education, personal and other non-production and business purposes shall not be regarded as infringement. The use of other people's patented technology in scientific research, experiment and education mentioned here can only be a small-scale non-profit use. If a large number of teaching AIDS made by other people's patented technology are used in the whole education system, even if there is no profit, it is indirect profit, because the unit saves a lot of money to buy teaching AIDS, and the patentee loses this main consumer market and suffers economic losses. Therefore, this behavior does not belong to the scope of fair use.