What are the main manifestations of patent restrictions?

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 "exhaustion of rights 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.