Legal analysis: 1, unauthorized manufacture of patented products; 2, the intentional use of inventions or utility models of patented products; 3, sales, sales of unauthorized sales of patented products; 4, the use of patented methods, as well as the use, sales, sales, sales, sales of patented methods in accordance with the behavior of the products obtained directly; 5, imported patented products or imported in accordance with the patented methods directly obtained products The behavior.
Legal basis: "Chinese People's *** and State Patent Law"
Article 65 without the permission of the patentee, the implementation of its patent, that is, infringement of its patent rights, disputes arising from the parties to the negotiations to resolve; unwilling to negotiate or consultation fails, the patentee or the interested party can be sued to the people's court, or request the administration of the patent department to deal with. Management of the patent work of the department to deal with, that infringement is established, may order the infringer to immediately stop the infringement, the party concerned does not accept, from the date of receipt of the notice of processing within fifteen days in accordance with the "Chinese People's *** and the State Administrative Litigation Law" to the people's court; infringement of the infringer does not prosecute the expiry of the period and does not stop the infringing behavior, management of the patent work of the department may apply to the people's court for compulsory execution. The department administering the patent work shall, at the request of the party concerned, conciliate the amount of compensation for infringement of patent rights; if the conciliation fails, the party concerned may sue to the people's court in accordance with the Chinese People's **** and the National Administrative Procedure Law.
Article 66 Where a patent infringement dispute involves a patent for an invention of a method of manufacturing a new product, the unit or individual manufacturing the same product shall provide proof that its method of manufacturing the product is different from the patented method.
Patent infringement disputes involving utility model patents or design patents, the people's court or the department administering the patent work may require the patentee or interested party to produce a patent evaluation report made by the patent administrative department under the state council after searching, analyzing and evaluating the relevant utility model or design, as evidence for the trial and handling of patent infringement disputes; the patentee, The interested party or the alleged infringer may also take the initiative to issue a patent evaluation report.
Article 68: Where a patent is counterfeited, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order correction and public announcement, confiscate the illegal income, and may impose a fine of not more than five times the amount of illegal income; where there is no illegal income or where the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan shall be imposed; where a crime is constituted, the person concerned shall be investigated for criminal liability according to law.
Article 75 Any of the following circumstances shall not be regarded as infringement of patent rights:
(1) The patented product or the product directly obtained in accordance with the patented method is sold by the patentee or by the unit or individual licensed by the patentee, and then the product is used, licensed for sale, sold, or imported;
(2) The same product has already been manufactured, the same method has been used, or the manufacture or use has already been made before the date of the application for the patent. (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, and continues to manufacture and use it only within the original scope;
(c) 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, for the needs of the means of transportation itself to use the relevant patents in its devices and equipment
(d) the use of patents exclusively for the purpose of scientific research and experimentation;
(e) for the purpose of providing the information required for administrative approval, the manufacture, use and import of patented drugs or patented medical devices, as well as the manufacture and import of patented drugs or patented medical devices specifically for them.