2. Without the consent of the patentee, manufacturing, using, selling, promising to sell and importing for the purpose of production and operation are all torts. (Article 1 1 of the Patent Law)
3. It is not considered as patent infringement: (Article 69 of the Patent Law)
(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;
(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.