This question mainly examines the patent infringement behavior, which is an important point.
Article 34 of the Patent Law stipulates that if the patent administrative department under the State Council receives an application for a patent for invention, and after preliminary examination finds that it meets the requirements of this Law, the patent shall be published eighteen months after the date of application. The patent administrative department under the State Council may, at the request of the applicant, publish his application at an early date. Article 35 of the Patent Law provides that within three years from the filing date of an application for a patent for invention, the patent administrative department under the State Council may, at the request of the applicant at any time, conduct a substantive examination of the application; if the applicant fails to request for a substantive examination after the expiration of a period of time without any justifiable reason, the application shall be deemed to be withdrawn. The patent administrative department under the State Council may, when it deems necessary, conduct substantive examination of the invention patent application on its own. Article 39 of the Patent Law stipulates that if no reason for rejection is found in the substantive examination of an application for patent for invention, the patent administrative department under the State Council shall make a decision on granting the right to patent for invention, issue a certificate of patent for invention, and at the same time register and publicize the application. The invention patent right takes effect from the date of announcement. It can be seen that the examination of patent for invention implements the system of "early disclosure and request for examination", and the patent application will be published after 18 months from the date of filing if it is deemed to meet the formal requirements after preliminary examination. The purpose of early disclosure is to allow other rights holders to raise objections. Within three years from the filing date of a patent application, the applicant may file a request for substantive examination at any time. If no reason for rejection is found after the substantive examination, the patent administrative department under the State Council shall make a decision on granting the patent right for the invention, issue a certificate of patent for the invention, and at the same time register and publicize the invention. The invention patent right takes effect from the date of announcement. It can be seen that, after the publication of the application for the patent right of invention, the applicant has not been granted the patent right before the patent office announces the authorization, so the third party's implementation of the technology without consent during this period of time does not constitute an infringement of rights, so option A is wrong.
Article 75 of the Patent Law stipulates that a patent shall not be deemed to be infringed in any of the following cases: (1) where a patented product or a product obtained directly in accordance with a patented method is sold by the patentee, or a unit or individual licensed by the patentee, and is used, promised for sale, or sold or imported; (2) where the same product has already been manufactured or the same method used before the date of the patent application, or the necessary preparations for the manufacture or use of the same product have been made, and the patent has not yet been issued, and the applicant has not yet obtained the patent right. (b) the same product has been manufactured, the same method has been used or the necessary preparations have been made for its manufacture and use prior to the date of filing the patent application, and the manufacture and use of the same product has been continued within the scope of the patent application; (c) a foreign means of transportation that passes through China's territorial land, water and airspace on a temporary basis uses the patent in its installations and equipment according to the agreement signed between the country of origin of the foreign means of transportation and China or an international treaty to which China is a party or according to the principle of reciprocity for the purpose of the transportation means itself; (d) the use of the patent is made for the sole purpose of scientific research and experimentation; (e) the use of the patent is made solely for scientific research or experimentation The use of the patent concerned; (e) for the purpose of providing information required for administrative approval, the manufacture, use, import of patented drugs or patented medical devices, as well as specifically for the manufacture, import of patented drugs or patented medical devices It can be seen from this, the patentee manufactured patented products sold, the use of the product is not regarded as an infringement of the patent right, so option B is not selected.
According to Article 75(4) of the Patent Law, the use of a patented product exclusively for the purpose of scientific research and experimentation is not regarded as an infringement of the patent, while the manufacture of a patented product exclusively for the purpose of scientific research affects the patentee's commercial interests and constitutes an infringement of the patent, and therefore, Option C is elected.
According to Article 77 of the Patent Law, if a person uses, promises to sell, or sells a patent infringing product that he or she does not know has been manufactured and sold without the patentee's permission, and if he or she is able to prove that the product is of legal origin, he or she shall not be liable for compensation. It can be seen, the question of the situation in item D is able to prove its legal source, is a good faith infringement, good faith infringement is still an infringement, was elected.
In summary, the answer to this question is CD.