After the patent rights for inventions and utility models have been granted, except as otherwise provided for in this Law, no unit or individual shall, without the permission of the owner of the rights, carry out the patents, i.e., no unit or individual shall, for the purpose of production and operation, manufacture, use, license, sell, sell or import its patented product, or use its patented method, as well as use, license, sell, sell or import products obtained directly in accordance with the patented method. or use its patented method, and use, promise to sell, sell, import products directly obtained in accordance with the patented method.
After the grant of a patent for a design, no unit or individual may, without the permission of the patentee, implement the patent, i.e., manufacture, promise to sell, sell or import the patented product of the design for the purpose of production and operation.
(2) Limitations on Patent Rights
1. Term: The term of the patent right for invention is twenty years, and the term of the patent right for utility model and design is ten years, both calculated from the date of application.
2. Circumstances that are not regarded as infringement of patent rights:
3. (1) The patented product or the product directly obtained in accordance with the patented method is used, promised for sale, sold, or imported after it has been sold by the patentee or by the unit or individual licensed by the patentee;
(2) The same product has already been manufactured or the same method has been used or the necessary preparations for manufacture or use have been made before the date of the patent application. (2) the same product has been manufactured, the same method has been used, or the necessary preparations have been made for its manufacture or use, and the manufacture or use has been continued only within the original scope;
(3) foreign means of transportation temporarily passing through China's territorial land, water and airspace, in accordance with the agreement signed between the country of which the means of transportation is a national and China, or an international treaty to which the country is a party, or in accordance with the principle of reciprocity, the use of the relevant patents in the installations and equipments of the means of transportation for the purposes of the means of transportation's own needs;
(4) the use of the patent in question exclusively for the purpose of scientific research and experimentation;
(5) the manufacture, use or import of patented drugs or patented medical devices for the purpose of providing information required for administrative approval, and the manufacture or import of patented drugs or patented medical devices exclusively for the purpose thereof.
(6) In patent infringement disputes, where the alleged infringer has evidence to prove that the technology or design implemented by him is prior art or prior design, it does not constitute infringement of patent rights.