Several behaviors that are not considered patent infringement according to the law

Legal analysis: (1) Use, offer for sale or sale of patented products manufactured or imported by the patentee or manufactured or imported with the permission of the patentee or products directly obtained according to the patented method. of the product;

(2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope;

(3) Foreign means of transportation that temporarily pass through China’s territorial land, territorial waters, and airspace shall, in accordance with the agreement signed between the country to which they belong and China or the international treaty to which China is a party, or in accordance with the principle of reciprocity, for the purpose of transportation The tools themselves use relevant patents in their devices and equipment for their own needs;

(4) Use relevant patents exclusively for scientific research and experiments.

Legal basis: "The People's Republic of China and the Civil Code"

Article 120 If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability .

Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.

Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.

Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.