1. If you can apply for a new patent, and your patent does not constitute a parent-child patent, there is no infringement. If you form a parent-child patent relationship with your patent and apply for a patent, it constitutes a cross-licensing relationship; Not applying for a patent is infringement.
If it doesn't reach the level where you can apply for a new patent, it is infringement.
Legal and technical issues are intertwined, so it is recommended to consult a patent agent or lawyer.
The content of this article comes from: China Law Publishing House "General Knowledge Series of Legal Life"