According to Article 11 of the Patent Law, the infringement of product patents includes: manufacturing, using, promising to sell, selling and importing; For the method patent, the infringement includes: using the patented method and using, promising to sell, selling and importing the products directly obtained according to the patented method; For design patents, the infringing acts are: manufacturing, promising to sell, selling and importing. Article 69 Any of the following circumstances shall not be regarded as infringement of the patent right: (1) A patented product or a product directly obtained by a patented method is used, promised to be sold, sold or imported by the patentee or a unit or individual licensed by him; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity; (four) the use of relevant patents for scientific research and experiments; (5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them. Article 70 Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.
Legal objectivity:
Article 63 of the Patent Law of People's Republic of China (PRC) * * * counterfeit patents, in addition to bearing civil liability according to law, shall be ordered by the administrative department for patent affairs to make corrections and make a public announcement, and the illegal income shall be confiscated, and a fine of less than four times the illegal income may be imposed; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.