Article 11 of the Patent Law stipulates: "After the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods." Therefore, according to the current patent law, the expression of intention to sell patented products for the purpose of production and operation is also prohibited by law.
Legal objectivity:
Article 75 of the Patent Law shall not be regarded as infringement of the patent right under any of the following circumstances: (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports a patented product or a product directly obtained by a patented method; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity; (four) the use of relevant patents for scientific research and experiments; (5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.