It belongs to infringement. After the patent right for inventions and utility models specified in Article 11 of the Patent Law has been granted, unless otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes.
Legal objectivity:
Article 118 of the Civil Code of People's Republic of China (PRC) * * * The civil subject enjoys creditor's rights according to law. Creditor's right is the right of obligee to request a specific debtor to perform or not to perform an act based on contract, tort, negotiorum gestio, unjust enrichment and other provisions of the law. Article 122 of the Civil Code of People's Republic of China (PRC) * * * If others have obtained improper benefits without legal basis, the person who has suffered losses has the right to ask them to return the improper benefits.