What is the fair use of patent right?
Patent infringement incidents occur frequently, so a customer recently asked Zhifu this question: Does the patent right have a specific scope of reasonable use? Bian Xiao compiled the following knowledge and gave you detailed answers. Rational use of patent right. What is the fair use of patent right? According to China's patent law, under legal circumstances, using patented technology without the permission of the patentee and paying royalties to the patentee does not constitute patent infringement. 2. What are the situations of fair use of patent rights? 1. Use, promise to sell, or sell after exhaustion. That is, after the patented product or the product directly obtained according to the patented method is sold, using, promising to sell or selling the product does not constitute patent infringement. 2. The manufacture and use of the first user. That is, before the patent application date, the same product has been manufactured, the same method has been used, or necessary preparations have been made for its manufacture and use, and it does not constitute an infringement of the patent right only within the original scope. 3. Use foreign temporary transit vehicles. That is, foreign means of transport that temporarily pass through China's land, territorial sea and airspace use the patents in their devices and equipment for their own needs according to international treaties or the principle of reciprocity, which does not constitute patent infringement. 4. For non-production and commercial purposes. Without the permission of the patentee, the use of patented technology for scientific research and experimental purposes, education, personal and other non-production and business purposes shall not be regarded as infringement.