For citizens who have the patent right of the patented product and citizens who have not obtained the patent right of the patented product. Whether citizens have the right to exploit patented products requires understanding the nature of patent rights:
Patent right is a prohibition right, which can also be called exclusive right. It prohibits others from using, selling or promising to sell for the purpose of production and operation without the permission of the patentee. The core is production and operation, and it is not patent infringement for citizens to implement patented products for their own use or for research purposes.
Patent right is regional and temporal, that is, patent protection is only in the country where the patent application is successful; Patent right is an open exchange of protection for a certain period of time. Under China's current laws, the service life of appearance patents and utility models is 10 years, and the service life of invention patents is 20 years. In order to maintain the validity of patents, it is necessary to pay patent fees every year. Failure to pay the annual patent fee will lead to the invalidation of the patent and the public ownership.
For the patentee, owning the patent right also means having the right to implement it at will, such as the behavior prohibited by the state, the manufacture of guns and ammunition, etc. Or the patented product may infringe the patent rights of others. If the patented technology of the latter patentee is the improved technology of the former based on the prior patent, the improved technology also belongs to the protection scope of the prior patent and is also prohibited from being implemented. Moreover, citizens have the right to question the granted patent right, which can invalidate the patent right.
For citizens who have no patent right, if the patent is valid in the country where the patent protection is located, the implementation of their patented products is restricted by the patentee's prohibition right.