Legal subjectivity:
It is an infringement. Article 11 of the Patent Law stipulates that after an invention or utility model patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not be used for production or business purposes, except as otherwise provided in this Law. The purpose is to manufacture, use, offer for sale, sell, and import its patented products, or use its patented method and use, offer for sale, sell, and import products directly obtained according to the patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. Legal objectivity:
Article 118 of the "People's Republic of China and Civil Code" Civil subjects shall enjoy creditor's rights in accordance with the law. Obligation is the right of the obligee to request a specific obligor to perform or refrain from performing certain acts due to contracts, torts, management without cause, unjust enrichment, and other provisions of the law. Article 122 of the "People's Republic of China and Civil Code": Because another person has obtained improper benefits without legal basis, the person who suffered the loss has the right to request the return of the improper benefits.