What if the same product is patented by others?

In July 1995, a town luggage factory applied to the Chinese Patent Office for a patent for the utility model of "anti-insect and anti-corrosion luggage". 1July 30, 996 patent authorization. Dafa Carton Factory independently developed the same product before the above-mentioned patent application date, and obtained the industrial and commercial business license on May 5, 1995/kloc-0, making necessary preparations for manufacturing this product. After trial production, the factory expanded its original production capacity from 1996, which made the scale of producing this product exceed that before the luggage factory applied for patent.

Question: Does Dafa Carton Factory infringe on patented products?

A: Dafa Carton Factory independently developed the same product before the above-mentioned patent application date, and made necessary preparations for manufacturing the product. It only continued to manufacture within the original scope without infringement, but later expanded the production scale. This behavior constitutes a patent infringement of the plaintiff, and Dafa Carton Factory should bear the tort liability for this part. After trial by the court, Dafa Carton Factory held that it enjoyed the right of first use of the patented product and produced it within the original production capacity, which did not constitute infringement. However, after 1996, the act of expanding production scale constituted patent infringement for the plaintiff, and the defendant should bear the tort liability for this part.