This topic mainly investigates patent infringement and is an important test site.
Article 34 of the Patent Law stipulates that after receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it within 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 of the Patent Law stipulates that within three years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. Article 39 of the Patent Law stipulates that if the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement. Therefore, the system of "disclosure in advance and request for examination" is implemented in the examination of invention patents. If the patent application meets the formal requirements after preliminary examination, it will be published after 18 months from the date of application. The purpose of early publicity is to let other rights holders raise objections. An application for a patent for invention may request substantive examination at any time within 3 years from the date of filing. If no reason for rejection is found after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the invention patent right, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement. Therefore, after the publication of the application for a patent for invention and before the announcement of authorization by the Patent Office, the applicant has not yet obtained the patent right, so the act of a third person implementing the technology without consent during this period does not constitute infringement, so option A is wrong.
Article 75 of the Patent Law stipulates that any of the following circumstances shall not be regarded as infringement of the patent right: (1) The patentee or a unit or individual licensed by him sells a patented product or a product directly obtained according to the patented method, and then uses, promises to sell, sells or imports the product; (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) In order to provide the information needed for administrative examination and approval, the person who manufactures, uses or imports patented drugs or patented medical devices, or the person who manufactures or imports patented drugs or patented medical devices exclusively for him, can see that after the patented product manufactured by the patentee is sold, the use of the product is not regarded as infringement of the patent right, so option B is not selected.
According to Article 75 (4) of the Patent Law, the exclusive use of a patent for scientific research and experiments is not regarded as infringement of the patent right, and the manufacture of patented products exclusively used for scientific research will affect the business interests of the patentee and constitute infringement, so option C is selected.
According to Article 77 of the Patent Law, anyone who uses, promises to sell or sells an infringing patented product for production and business purposes without knowing that the product was manufactured or sold without the permission of the patentee shall not be liable for compensation. It can be seen that the case of item D of this question can prove its legal source and belongs to bona fide infringement. Good faith infringement still belongs to infringement and is elected.
To sum up, the answer to this question is CD.