If it is a patent for invention, its patent owner has to pay a fee to keep the patent, your behavior constitutes an infringement of the patent, you made the machine is used for profit, whether to sell does not affect the nature of the profit.
If the utility model or appearance patent expired in 03, not protected by the patent law. And the invention patent expired only in 2013.
###############
Legal basis: Patent Law
/zhli/HTML/1999.shtml
Article 42 The term of the patent right for an invention shall be twenty years, and the term of the patent right for a utility model and the patent right for a design shall be ten years, both calculated from the date of application.
Article 43 The patentee shall pay the annual fee from the year in which the patent right is granted.
Article 44 The patent right shall be terminated before the expiration of the term under any of the following circumstances:
(1) if the annual fee is not paid in accordance with the provisions; (2) if the patentee declares in writing that he/she gives up his/her patent right.
Where the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administrative department under the State Council.
Article 45 From the date on which the patent administrative department under the State Council announces the granting of the patent right, any unit or individual who considers that the granting of the patent right is not in conformity with the relevant provisions of this Law may request the Patent Review Committee to declare the patent right invalid.
Article 46 The Patent Reexamination Board shall promptly examine and make a decision on the request to declare the patent right invalid, and notify the requestor and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administrative department under the State Council.
The decision of the Patent Review and Adjudication Board to declare the patent right invalid or maintain the patent right is unsatisfied, you may, within three months from the date of receipt of the notice to the people's court. The people's court shall notify the other party to the invalidation request proceedings as a third party to participate in the litigation.
Article 47: A patent right declared invalid shall be deemed to have ceased to exist from the beginning.
The decision of declaring a patent right invalid shall have no retroactive effect on the judgment or ruling on patent infringement made by the people's court and enforced before the declaration of invalidity of the patent right, the decision on patent infringement disputes which has been fulfilled or enforced, as well as the contract on the license of the patent implementation and the contract on the transfer of the patent right which has been fulfilled. However, the losses caused to others due to the malice of the patentee shall be compensated.
If, in accordance with the preceding paragraph, the patentee or the assignor of the patent right does not return the patent royalties or the patent transfer fee to the licensee or the assignee of the patent right, obviously violating the principle of fairness, the patentee or the assignor of the patent right shall return all or part of the patent royalties or the patent transfer fee to the licensee or the assignee of the patent right.
Article 57 without the permission of the patentee, the implementation of its patent, that is, the infringement of its patent rights, disputes arising from the parties to the negotiation; unwilling to negotiate or negotiation fails, the patentee or the interested party may be sued to the people's court, you can also request the administration of the patent department to deal with. Management of the patent department, the infringement of the establishment of the infringement, you can order the infringer to immediately stop the infringement, the party concerned does not accept, from the date of receipt of the notice of processing within fifteen days in accordance with the "Chinese People's *** and the State Administrative Litigation Law" to the people's court; infringers do not sue and do not stop the infringing behavior, management of the patent department can apply for the people's court for compulsory execution. To deal with the administration of the patent work department at the request of the party concerned, the amount of compensation for infringement of patent rights can be mediated; mediation fails, the party concerned may, in accordance with the "Chinese People's *** and the National Civil Procedure Law" to the people's court.
Patent infringement disputes involving new products manufacturing method of invention patents, manufacturing the same product units or individuals shall provide its product manufacturing method is different from the patent method of proof; involving utility model patents, the people's court or the department administering the patent work can require the patentee to produce the patent administrative department of the State Council to make a search report.