After the invention and utility model patent rights being granted, no units and persons are allowed to, without the permission of the patentees, execute them unless otherwise prescribed by the “Patent Act”, that is, they shall not: manufacture, use, promise to sell, sell and import the patent products for the intent of production and operation or use the patent method, the use, promise to sell, sell and import the product directly gained in accordance with the above-mentioned patent method.
After the design patent rights being granted, no units and persons are allowed to execute them without the permission of the patentees, that is, they shall not manufacture, sell and import the design patent products for the intent of production or operation; Acts of counterfeiting another person’s patent(s):
a, without any permission, marking another person’s patent(s) on the products or product packages to be manufactured/sold;
b. without any permission, using another person’s patent number(s) in advertisements or publicizing materials, which finally make people mistake the involved technology for another person’s patent technology;
c. without any permission, using another person’s patent number(s) in contracts, which finally make people mistake the involved technology for another person’s patent technology;
d. counterfeiting or changing another person’s patent certificate(s), document(s) or application document(s).
① acts of passing off the non-patent products as the patent ones or the non-patent methods as the patent ones: a. manufacturing or selling non-patent products marked as patent ones; b. after the patent rights proclaimed to be of no effect, continuing to mark the products to be manufactured or sold as patent ones; c. naming the non-patent technology as the patent one in advertisements or other materials for popularization; d. naming the non-patent technology as the patent one in contracts; e. counterfeiting or changing the patent certificate(s), document(s) or application document(s).
② acts of counterfeiting and imitating patents for convenience of production and operation, which include: ⅰcounterfeiting another person’s patent(s); ⅱproviding services to print or mark the non-patent products by imitating the patent activities; moreover, the ones for providing the convenience of booths, storage, transportation, concealment, publicizing, advertising etc
③ the patent rights are not regarded as being infringed under one of the following circumstances:
a. where the patent products manufactured/imported by the patentees, manufactured/imported with the permission of the patentees or sold as ones directly gained by using the patent methods, are used, promised to sell or sold;
b. where the same products have been manufactured, the same methods used or the necessary preparations for manufacture and utility made, with the products continuing to be manufactured and used only in the original scope;
c. where the related patents are implemented to the sets and equipment due to the needs arising from the foreign transportation tools, which temporarily pass through the territorial land, water or airspace in China, in accordance with the agreements reached by and the international treaties jointly concluded by countries which they come from and China or the reciprocal principles;
d. where the related patents are used for the purpose of scientific research and experiment;
e. where the following products affording proof of their legal origins are not required to bear the liabilities: Whoever uses,promises to sell,or sells a patented product without knowing that the product was produced and sold without permission of the patentee or a product directly obtained from a patented process.
f. where for the purposes of providing information needed for the regulatory examination and approval,any person makes,uses or imports the patent medicine or the patented medical apparatus,and where any person makes,imports the patent medicine or the patented medical apparatus exclusively for such person.
