Whether the behavior belongs to infringement depends on your actual situation. If your situation meets any of Article 63 of the Patent Law, it will not be regarded as patent infringement. The problem is that you don't know whether you made the same product, used the same method or made the necessary preparations for manufacturing and using before the patent application date, and continued to manufacture and use it only within the original scope. Case: He Peiping v. Wuxian Institute of Economic and Technological Development /popular/200303260094.htm Law: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), unless otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, use or promise to sell the patent for production and business purposes. Article 63 Any of the following circumstances shall not be regarded as infringement of the patent right: (1) After the patented product manufactured or imported by the patentee or the product directly obtained by the patented method is sold, the patentee uses, promises to sell or sells the product; (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. If the use or sale of a patented product that is not known to be manufactured or sold without the permission of the patentee or a product directly obtained by a patented method is used for production and business purposes, it shall not be liable for compensation if it can prove the legal source of the product. —————————————————————————————————————————————————————————————— Thank you. References:
patent law of the people's republic of china