What are the restrictions of patent right? What are the restrictions of patent right?

What are the restrictions of patent right? What are the restrictions of patent right? Patent restriction refers to a legal system that allows a third party to exploit its patent without the permission of the patentee under certain special circumstances, and its implementation behavior does not constitute infringement. Let's popularize what is patent restriction and what is patent restriction. Welcome to reading. What are the restrictions of patent right? What are the restrictions of patent right? What are the restrictions of patent right? 1. What are the restrictions on patent rights? Patent restriction refers to a legal system in which the patent law allows a third party to exploit its patent without the permission of the patentee under legal circumstances, and its implementation behavior does not constitute infringement. The patent law protects the exclusive rights of the patentee, but in order to balance the interests of the patentee, the state and society, the patent laws of various countries have made restrictive provisions on the rights of the patentee to varying degrees. China's restrictions on patent rights are mainly manifested in acts that are not regarded as infringement of patent rights and compulsory licensing of patent implementation. Two. Restrictions on patent rights What restrictions on patent rights mainly include the following aspects: (1) Acts that are not regarded as infringement of patent rights According to Article 63 of the Patent Law revised at the 9th the National People's Congress Standing Committee (NPCSC) 1 7th meeting on August 25th, 2000, the following acts do not constitute infringement:1. Patent products manufactured or imported by the patentee or in accordance with the patent. 2. 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. 3. Foreign means of transport temporarily passing through China's territory, territorial sea and airspace 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 * * * is a party, or according to the principle of reciprocity. 4. Dedicated relevant patents to scientific research and experiments. If the use or sale of a patented product that is not known to be manufactured or sold without the permission of the patentee or a product directly obtained by a patented method is used for production and business purposes, it shall not be liable for compensation if it can prove the legal source of the product. (2) Compulsory license for patent exploitation Compulsory license refers to the measures taken by the patent administrative department of the State Council to allow the applicant to exploit the patent according to law upon the application of a unit or individual without the consent of the patentee. Compulsory licensing measures are a kind of restriction on the patentee's abuse of rights. China's patent law stipulates three kinds of compulsory licenses: 1. Article 48 of the Patent Law stipulates that if a unit that has the conditions for implementation requests the patentee of an invention or utility model for permission to exploit its patent under reasonable conditions, and fails to obtain the license within a reasonable time, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model upon the application of the unit. To approve this compulsory license, the following conditions must be met: first, the request for compulsory license for patent exploitation must be made three years after the patent right is granted; Second, the object of applying for compulsory license can only be the invention or utility model patent, but not the design patent; Third, the unit that made the request for compulsory license has already met the implementation conditions; Fourth, the unit requesting compulsory license must issue a certificate that it failed to sign a license contract with the patentee on reasonable terms within a reasonable time. 2. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit the patent for invention or utility model. 3. According to Article 50 of the Patent Law, if the patented invention or utility model is of great economic significance, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. Where a compulsory license is granted in accordance with the above provisions, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee. What are the restrictions of patent right? What are the restrictions of patent right? We are here to answer this question for you. If you want to know more, you can contact our online customer service or call Bajie Intellectual Property National Free Service Hotline.