Offering to sell generally does not infringe patent rights. According to relevant laws and regulations, if the patentee or an entity or individual licensed by him or her sells, uses, offers to sell, sells, or imports a patented product or a product directly obtained according to a patented method, it will not be regarded as an infringement of patent rights.
Legal Basis
Article 75 of the Patent Law
If any of the following circumstances occurs, it will not be regarded as infringement of patent rights:
(1) Patented products or products directly obtained according to patented methods are used, promised to sell, sold or imported after being sold by the patentee or an entity or individual licensed by the patentee;
< p>(2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope;(3) Foreign means of transport that temporarily pass through China's territorial land, territorial waters, and airspace shall be installed and equipped on the means of transport for its own needs in accordance with the agreement signed by 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. Use relevant patents in the process;
(4) Use relevant patents exclusively for scientific research and experiments;
(5) To provide information required for administrative review and approval, manufacture and use , importing patented drugs or patented medical devices, and manufacturing and importing patented drugs or patented medical devices specifically for them.