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What are the rights of the patentee?

Updated: 2014-12-28
(sipa.gov.cn)

According to Article 11 of China’s Patent Law, after the grant of the patent right for an invention or utility model, except as otherwise provided for in the law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, to make, use, promise the sale of, sell or import the patented product; or use the patented process and use, promise the sale of, sell or import the product directly obtained from the patented process, for production or business purposes.

After the grant of the patent right for a design, no entity or individual shall, without the permission of the patentee, exploit the patent, that is to say, they shall not make, promise to sell, sell, or import the product incorporating its or his patented design, for production or business purposes.