Legal basis: People's Republic of China (PRC) Patent Law.
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; (2) Having manufactured the same product, used the same method or made necessary preparations for its 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 waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity; (four) the use of relevant patents for scientific research and experiments; (5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.
Article 70 Anyone who uses, promises to sell or sells an infringing patented 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.
Article 71 Whoever, in violation of the provisions of Article 20 of this Law, applies for a patent in a foreign country and divulges state secrets shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 72 Whoever infringes on the inventor's or designer's right to apply for a patent for non-service invention-creation and other rights and interests as stipulated in this Law shall be given administrative sanctions by his unit or the competent authority at a higher level.
Article 73 The department in charge of patent work shall not participate in business activities such as recommending patented products to the society.
Where the administrative department for patent affairs violates the provisions of the preceding paragraph, it shall be ordered by its superior organ or supervisory organ to make corrections, eliminate the influence and confiscate the illegal income; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 74. State functionaries engaged in patent management and other relevant state functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.