Abstract
This article takes the reality in China as its basis and examines the meaning of “production or business purpose” in Article 11 of the Chinese Patent Law to explain the difficulties faced by Chinese universities in claiming non-infringement. Looking at the range of experimental applications, the particularity of patented method tools, and the exception to infringement for experimental use, the appropriateness of experimentally using patented research tools is discussed. Finally, the rationale for and feasibility of the experimental use exception are demonstrated by explaining and analyzing the functions and missions of Chinese universities and the regulations regarding experimental use.
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