(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 the patentee; (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 69 of the Patent Law of People's Republic of China (PRC) * * * When investigating suspected patent counterfeiting, the department responsible for patent law enforcement has the right to take the following measures according to the evidence obtained: (1) Ask the relevant parties and investigate the situation related to the suspected illegal behavior; (two) on-site inspection of the places where the parties are suspected of illegal acts; (3) consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts; (four) to inspect the products related to the suspected illegal acts; (5) Products proved to be counterfeit patents may be sealed up or detained. When handling patent infringement disputes, the administrative department for patent affairs may, at the request of the patentee or interested party, take the measures listed in Items (1), (2) and (4) of the preceding paragraph. When the patent law enforcement department and the patent administration department exercise their functions and powers as prescribed in the preceding two paragraphs according to law, the parties concerned shall give assistance and cooperation, and shall not refuse or obstruct them.
Legal objectivity:
Patent right is an exclusive right. The essence of this right lies in that, unless otherwise provided by law, no unit or individual may use a patented invention without his consent, otherwise it will constitute an infringement of the patent right. However, in order to prevent the patentee from abusing his rights and safeguard the overall interests of the country and society, the patentee's rights are restricted. According to the provisions of the Patent Law, the patentee has the exclusive right to exploit his invention and creation, and other units or individuals have the right to exploit his invention and creation with the consent of the patentee. This is a principle. However, for; To safeguard the technology market, promote the development of science and technology, and protect national interests, Article 62 of the Patent Law stipulates that the following acts shall not be regarded as infringement of patent rights: 1. After the patented product manufactured by the patentee or licensed by the patentee is sold, it is no longer necessary to obtain the patentee's permission to use or sell the product, which is an important restriction on the patent right and is called the "patent exhaustion principle". It should be pointed out that this principle only applies to patented products that are legally put into the market. The products legally put into the market include: first, the patented products put into the market by the patentee; Second, the patented products put into the market by the licensee; Third, the patented products that users put into the market for the first time; Fourth, patented products that are put into the market for the benefit of compulsory license; Fifth, the patented products that the state plans to permit the licensee to put into the market, and so on. If you use and sell a patented product that you know is illegally put into the market, it is a patent infringement. 2. The use of the first user. Paragraph 3 of Article 62 of the Patent Law stipulates that the same product has been manufactured by the same method before the filing date, or it has been manufactured, used or prepared, and continues to be manufactured and used only within the original scope, which is not regarded as infringement. This is the principle of preemptive strike. 3. Use or sell in good faith patented products that are manufactured and sold without the permission of the patentee. Paragraph 2 of Article 62 of China's Patent Law stipulates that the use or sale of patented products that are not known to be manufactured or sold without the permission of the patentee shall not be regarded as infringement. Because any distributor has no obligation to find out how a patented product enters the circulation field before using or selling it. This restriction on the patentee's rights is mainly for the convenience of people's production and life. 4. Use patented products in the operation of foreign means of transport. Paragraph 4 of Article 62 of China's Patent Law stipulates that foreign means of transport that temporarily pass through China's territory, territorial sea and airspace use relevant patents in their devices and equipment for their own use according to agreements signed with China or international treaties to which they are both parties, or according to the principle of reciprocity, which is not regarded as infringement. This is also the restriction on the patentee stipulated in the Paris Convention for the Protection of Industrial Property. 5. For non-commercial purposes. Article 62 of the Patent Law stipulates that the act of using the relevant patent exclusively for scientific research and experiment is not regarded as infringement, because it is not a commercial act. Using patents for non-commercial purposes is nothing more than developing science and technology, educating and cultivating talents, which is conducive to encouraging scientific research and experiments. It also includes the use of patents for educational purposes and personal or family purposes.