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When a foreign manufacturing enterprise applies for invention patent protection in China, is it for manufacturing or use protection?

1. Chinese patents are only valid within China, excluding Hong Kong, Taiwan, and Macau. U.S. patents are valid in the United States.

2. Without the consent of the patent owner, manufacturing, using, selling, offering to sell, and importing for the purpose of production and operation are all infringements. (Article 11 of the Patent Law)

3. Situations that are not regarded as infringement of patent rights: (Article 69 of the Patent Law)

(1) Patented products or products directly obtained according to patented methods After the product is sold by the patentee or an entity or individual licensed by it, the product is used, promised to be sold, sold or imported;

(2) The same product has been manufactured and used before the patent application date. The same method or the necessary preparations for manufacture and use have been made, and the manufacture and use will only continue within the original scope;

(3) Foreign means of transportation that temporarily pass through China’s territorial land, territorial waters, and airspace, In accordance with the agreement signed between the country to which it belongs and China or the international treaty to which China is a party, or in accordance with the principle of reciprocity, the relevant patents are used in the devices and equipment of the transportation vehicle for its own needs;

(IV) ) Use relevant patents exclusively for scientific research and experiments;

(5) Manufacture, use, or import patented drugs or patented medical devices in order to provide information required for administrative review and approval, and manufacture specifically for them , Importing patented drugs or patented medical devices.