What does the 2023 Patent Law stipulate that patents cannot be implemented?

Patents that cannot be exploited are divided into two categories: invention and utility model Patents and design patents. For example, after a design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. Regarding the question of what kind of behavior prohibits the enforcement of a patent under the Patent Law, the editor of Legal Savior Network will answer it in detail for you below.

1. What does the patent law stipulate that the patent shall not be implemented

1 , shall not exploit the patent refers to the following behaviors:

(1) After the invention and utility model patent rights are granted, the patent shall not be exploited, that is, the patent shall not be used for production and operation The purpose is to manufacture, use, offer for sale, sell, and import its patented products, or use its patented method and use, offer for sale, sell, and import products directly obtained according to the patented method. .

(2) After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, it shall not be used for production and operation. The purpose is to manufacture, offer for sale, sell, and import its patented design products.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 11 After the invention and utility model patent rights are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or sell the invention or utility model for production and business purposes. , import its patented products, or use its patented methods and use, offer to sell, sell, or import products directly obtained according to the patented methods.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.

2. Characteristics of patent protection

(1) Its primary characteristic is exclusivity. patentThe protection is the scope of protection granted by law to a specific patent, so each identical or similar product or invention can only be eligible for one patent protection. This is the so-called exclusivity. There are provisions in our country's laws that any infringement of the exclusivity of patent rights must be restricted by relevant laws.

(2) It is regional. Its scope of protection is restricted by country or region. Generally speaking, patent protection is only protected in a specific region. Once it exceeds this geographical scope, there will no longer be a patent law to protect the patentee. patent. Therefore, if the patentee wants to expand the scope of patent protection, it is best to apply for patents in different regions, so that everything is foolproof.

(3) Temporality. Generally speaking, a patent owned by the patentee has a certain period of time. When the period expires, the patentee no longer has the exclusive rights to manufacture, use, sell, import and export the patent, and The law no longer protects its patent rights. If the patentee wants to continue to maintain his patent, he can continue to apply before the expiration date.

According to the provisions of the Patent Law, patents that cannot be implemented are divided into two categories: invention and utility model patents and design patents. For example, after a design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.