The seller or user can only be exempted from the liability for compensation in the case of "unknown source" and "legal source", but it should be noted that it still constitutes infringement and should bear the responsibility of stopping the infringement and eliminating the influence. That is to say, for bona fide sellers or users, the principle of no-fault liability should be applied to stop the infringement and eliminate the influence, and the principle of fault liability should be applied to compensate.
Article 62 Any of the following circumstances shall not be regarded as infringement of the patent right:
1. After the patented product manufactured by the patentee or licensed by the patentee is sold, it is used or sold;
Two, the use or sale of products that are not known to be patented and manufactured and sold without the permission of the patentee;
3. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;
4. Foreign means of transport that temporarily pass through the territory, territorial sea and airspace of China use the relevant patents in their devices and equipment for their own purposes according to the agreement signed between their countries and China or the international treaties to which they are both parties, or according to the principle of reciprocity;
5. Use the relevant patents exclusively for scientific research and experiments.
Extended data
Liability for patent infringement:
(a) the civil liability of tort. Patent law mainly adopts civil sanctions for patent infringement. When dealing with infringement, the patent administration organ or the people's court mainly orders the infringer to stop the infringement and compensate the losses.
(2) Administrative liability for infringement. China's "Patent Law" stipulates administrative responsibilities for acts such as counterfeiting other people's patents, revealing state secrets, and engaging in malpractices for personal gain. In addition, China's patent law also stipulates administrative liability for acts that infringe on the legitimate rights and interests of inventors or designers.
(3) Criminal responsibility of tort. According to China's patent law, patent infringement is mainly subject to civil sanctions, but sometimes criminal sanctions are also needed.
Reference source
Baidu Encyclopedia-Patent Infringement Liability
China People's Congress Network-People's Republic of China (PRC) Patent Law