What are the restrictions on the use of patent rights?

Legal analysis: the restrictive provisions on the use of patent rights refer to those who have manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continue to manufacture and use it only within the original scope; Temporary transit and other acts are not regarded as infringement of patent rights; If others can prove the legitimate source of the infringing products, they will not be liable for compensation.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 69 Any of the following circumstances shall not be regarded as infringement of the patent right:

(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.

Article 70 Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.