Patent right is the exclusive right of the patentee to use his invention and creation. Patent infringement refers to the illegal act of carrying out a valid patent protected according to law for the purpose of production and operation without the permission of the patentee.
Article 69 of the Patent Law stipulates that any of the following circumstances shall not be regarded as infringement of the patent right:
(1) After the patented product or the product directly obtained by the patented method is sold by the patentee or a unit or individual licensed by him, he uses, promises to sell, sells or imports the product;
(2) having manufactured the same product, used the same method or made necessary preparations for 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 land, waters and airspace use relevant patents in their devices and equipment for their own needs, in accordance with the agreement signed between the country to which they belong and China, or the international treaties to which both countries are parties, or on the principle of reciprocity;
(4) using the relevant patent exclusively for scientific research and experiment;
(5) those who manufacture, use or import patented drugs or patented medical devices for the purpose of providing information needed for administrative examination and approval, and those who manufacture or import patented drugs or patented medical devices exclusively for them.
anyone who uses or sells a patented product that he doesn't know was manufactured and sold without the permission of the patentee or a product directly obtained according to the patented method for the purpose of production and operation, and can prove the legal source of the product, shall not be liable for compensation.