Is it infringement if someone else applies for a product with a patent number and develops it by himself?

If it is for the purpose of production and operation, it is infringement to develop and manufacture products that have applied for patents.

According to the Patent Law of People's Republic of China (PRC), the specific provisions are as follows:

Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

Extended data

Protection of patent right:

1, without the permission of the patentee, the implementation of its patent, that is, infringement of its patent right, causing disputes, shall be settled by the parties through consultation;

2, unwilling to negotiate or negotiation fails, the patentee or interested party may bring a lawsuit to the people's court, or request the administrative department for patent work.

3. When the patent administrative department finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.

4. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).

Reference source

Baidu Encyclopedia-People's Republic of China (PRC) Patent Law