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What Circumstances Are Not Deemed Patent Infringement?

The following are not deemed patent infringement:

(1) using, offering for sale, selling, or importing a patented product, or a product directly obtained by a patented process, after it has been sold by the patentee or with authorization;

(2) continuing within the original scope to manufacture an identical product or use an identical process where such manufacture or use, or necessary preparations for it, existed before the filing date;

(3) use of the patent in equipment of foreign means of transport temporarily passing through China, for their own needs, under an applicable agreement, international treaty, or the principle of reciprocity;

(4) use of the patent solely for scientific research or experimentation;

(5) manufacturing, using, or importing patented medicines or medical devices to provide information required for administrative approval, or manufacturing or importing them specifically for that purpose.

Updated October 3, 2026
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