What principles should be followed when applying for a patent and exercising patent rights?

The principle of good faith should be followed when applying for a patent and exercising Patent rights. Patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Anyone who abuses patent rights, eliminates or restricts competition, and constitutes monopolistic behavior shall be punished according to the Anti-Monopoly Law. Regarding the question of what principles should be followed when applying for a patent and exercising patent rights, the editor of Legal Savior Network will answer it in detail for you below.

1. What principles should be followed when applying for a patent and exercising patent rights?

1 , Application for patents and exercise of patent rights should follow the principle of good faith. Patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Anyone who abuses patent rights, eliminates or restricts competition, and constitutes monopolistic behavior shall be punished according to the Anti-Monopoly Law.

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

Article 20 The principle of good faith shall be followed when applying for a patent and exercising patent rights. Patent rights shall not be abused to harm public interests or the legitimate rights and interests of others.

Any abuse of patent rights, elimination or restriction of competition, constituting monopolistic behavior shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.

2. Reasonable use of patent rights

1. Use, offer for sale or sale after the rights have been exhausted. That is, after the patented product or the product directly obtained according to the patented method is sold, using, offering to sell or selling the product does not constitute infringement of patent rights.

2. Manufacturing and use by the prior user. That is, if the same product has been manufactured, the same method has been used, or the necessary preparations for manufacture and use have been made before the patent application date, and the manufacture and use only continues within the original scope, it does not constitute infringement of patent rights.

3. Use on foreign temporary transit vehicles. That is, if foreign transportation vehicles that temporarily pass through China's territorial land, territorial waters, and airspace use patents in their devices and equipment for the transportation vehicle's own needs in accordance with international treaties or in accordance with the principle of reciprocity, this does not constitute infringement of patent rights.

4. Use for non-production and business purposes. The use of patented technology for scientific research and experiment purposes, education, personal use and other purposes other than production and business purposes can be done without the permission of the patentee and will not be considered an infringement. The use of other people's patented technology in scientific research, experiments, and education mentioned here can only be used on a small scale for non-profit purposes. If a large number of teaching aids produced by other people's patented technology are used throughout the education system, even if there is no profit, it will Since the unit saves a large amount of money for purchasing teaching aids, it is an indirect profit, and the patentee loses this major consumer market and suffers economic losses. Therefore, this behavior does not fall within the scope of fair use.

According to the provisions of the Patent Law, applying for a patent and exercising patent rights shall follow the principle of good faith. Patent rights shall not be abused to harm the public interest or the legitimate rights and interests of others. Patent rights shall be abused to eliminate or restrict competition. , which constitutes monopolistic behavior, will be punished according to the Anti-Monopoly Law. I hope the above content will be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior Network to consult a professional lawyer.