Legal analysis: You can apply for a patent. Whether there is infringement depends on the specific circumstances
Applying for a patent is not bound by the previous patent, so of course you can apply.
Patent infringement must meet several conditions at the same time: 1. His patent is valid (authorized and an annual fee is paid every year) 2. Conducting production and business activities for profit (experiments, scientific research, personal use) Non-infringement) 3. The products produced or the methods used fall within the scope of the claims of his patent (not the content in the specification, but the content of the claims. This should be checked carefully) 4. There are no other exemptions (if from the licensor Purchased from China, that is, no infringement)
Legal basis: "Patent Law of the People's Republic of China" Article 59 The scope of protection of invention or utility model patent rights shall be based on the content of the claims. The description and drawings can be used to explain the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.