Legal analysis: No, it's patent infringement. Patent infringement refers to the act of exploiting another person's patent for profit without the permission of the patentee and legal basis within the validity period of the patent right, which belongs to patent infringement and should bear the responsibility of patent infringement. For the purpose of production and business operation, using or selling a product that is made or sold without the permission of the patentee, knowing that it is a patented product or a product obtained directly according to the patented method, can prove the legal source of the product, still belongs to patent infringement, and it is necessary to stop the infringement and not be liable for compensation. The legal responsibilities of patent infringers include: (1) stopping the infringement; (2) eliminating the influence; (3) Compensation for losses.
Legal basis: 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), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
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.