Can government procurement of goods involving patents be tendered?

Patented products can be tendered. However, the provisions of other laws shall apply to government bidding and procurement, except those expressly stipulated in the Government Procurement Law.

The government procurement law has no specific provisions on the procurement of goods by bidding for patented products, but the contract law does.

According to the provisions of the contract law, the seller undertakes the guarantee of the defects in the rights of the subject matter, that is, the seller has the obligation to ensure that the third party cannot claim any rights from the buyer on the delivered subject matter, except as otherwise provided by law. Similarly, government procurement suppliers also have this obligation.