After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the obligee, that is, it may not manufacture, use, promise to sell, sell or import its proprietary products for production and business purposes. Or use, promise to sell, sell and import products directly obtained according to the proprietary methods by using its proprietary methods.
After the design patent right is granted, no unit or individual may actually implement its exclusive interests without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes.
(2) Limitation of patent right
1. Duration: the duration of the invention patent right is 20 years, and the utility model patent right and appearance.
The term of patent right for design is ten years, counting from the date of application.
2. Not regarded as patent infringement:
3. (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports the patented product or the product directly obtained by the patented method;
(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 according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity;
(4) using the relevant patents exclusively 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.
(6) In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design implemented by him belongs to the existing technology or design, it does not constitute patent infringement.