What are the situations that are not regarded as patent infringement? Maybe many people don't know much about this, so let's introduce the relevant content to you, hoping to bring some help to you.
1. What acts are not regarded as patent infringement?
1, the patent right is exhausted.
The patentee uses, promises to sell or sells the patented product manufactured or imported by the patentee or the product directly obtained according to the patented method after it is sold. It also includes the following two situations: (1) After the parts of the patented product manufactured by the patentee or licensed by the patentee are sold, the use and sale of the parts shall be deemed as the patentee's acquiescence; (2) The patentee of a manufacturing method patent manufactures or allows others to manufacture equipment specially used for implementing the patented method, and then uses the equipment to implement the manufacturing method patent.
If Party A has an invention patent, Party A permits Party B to manufacture it, and the products manufactured by Party B are sold to Party C, then Party C does not infringe the patent right. If C wholesales a batch of products from B, it does not constitute patent infringement.
2. The use of the first user.
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 only within the original scope.
3. Temporary transit.
Foreign means of transport passing through China's territorial waters and airspace temporarily use the relevant patents in their devices and equipment for their own needs according to the agreement signed between their countries and China or the international treaties to which they are both parties, or according to the principle of reciprocity. But it does not include the "transshipment" of patented products through means of transport, that is, the transfer from one means of transport to another.
4. Related patents used exclusively for scientific research and experiments.
The act of using related patents exclusively for scientific research and experiments is not regarded as patent infringement. Here we need to distinguish between doing experiments on patented products and using patented products in experiments.
5. Manufacturing, using or importing patented drugs or patented medical devices, and manufacturing or importing patented drugs or patented medical devices exclusively for them, in order to provide information required for administrative examination and approval.
Second, how to identify patent infringement
As can be seen from the above provisions of China's patent law, the following conditions are required to constitute patent infringement:
1. There is a valid patent right that has been infringed.
An invention-creation is only protected by law within the validity period of the patent right granted, and the third party's implementation of the invention-creation may constitute patent infringement. Before the patent right is granted, after the expiration of the patent right, after the patent right is declared invalid or terminated, the implementation of the third party does not constitute patent infringement.
2. Without the permission of the patentee.
Only the implementation without the permission of the patentee may constitute patent infringement; Any act licensed by the patentee, such as written license, oral license or implied license, does not constitute infringement. Implied permission means that one party requests civil rights, and the other party does not express his opinion clearly in words or words, but his behavior shows that he has accepted it. This is implied permission. For the patentee's initiative to provide technical guidance for others' own patents, it is generally recognized in trial practice that the patentee has implicitly licensed others or instructed manufacturers to jointly implement their patented technology, which does not constitute infringement.
3, for the purpose of production and operation.
Only for the purpose of production and operation, that is, for the purpose of profit, can an act be committed, which can constitute infringement. Not using a patent for profit does not constitute infringement. The act does not belong to the circumstances otherwise provided by law, and the other provisions generally refer to the circumstances otherwise provided by the patent law, and refer to some restrictions on the exercise of patent rights stipulated by the patent law.
Which of the above situations is not patent infringement? Related content of. To sum up, the above five acts are generally not regarded as patent infringement, and the actor does not need to bear any legal responsibility to the patentee at this time. In reality, the determination of patent infringement needs to be carried out from the above three aspects.