What are the behaviors that are not regarded as patent infringement?
According to Article 63 of the Patent Law, the following circumstances shall not be regarded as patent infringement: 1. Implementation by the patentee. According to the provisions of the Patent Law, if the same product has been manufactured before the patent application date or the necessary preparations have been made for its manufacture and use, and it continues to be manufactured and used only within the original scope, it will not be regarded as infringement. The conditions for the establishment of the right of first use are: (1) the implementer has manufactured the same product, used the same method or made necessary preparations for manufacturing and using before the patent application date when others obtained the patent right; (2) The invention-creation implemented by the implementer was developed or designed by the implementer himself, or was obtained by a legal transferee; (3) After others have obtained the patent right for the same invention-creation, the implementer can only manufacture or use it within the original scope. 2. Exhaustion of the patent right After the patentee manufactures, imports or allows others to manufacture or import the patented product or the product directly obtained according to the patented method is sold, it does not constitute infringement for anyone to use, promise to sell or sell the product without the permission or authorization of the patentee. This means that the patentee only enjoys the exclusive right to sell the patented product for the first time, and does not have the control or domination right to resell or use the patented product sold for the first time. 3. Patented products or patented methods specially used for scientific research and experimental purposes do not constitute patent infringement. 4. Foreign land, sea and air transport vehicles temporarily transiting China's territory, territorial sea and airspace need to use machinery and parts patented in China for their own needs, and do not need the permission of the patentee in China, which does not constitute infringement. Of course, counterfeiting other people's patent rights is actually an infringement, so whether to bear criminal responsibility depends on the specific performance and effect of patent infringement. Moreover, in patent infringement cases, it may take a long time to determine whether the other party constitutes infringement. If you find a similar situation, you should first complain to the Patent Office.