Legal analysis: after the patent right of invention and utility model is granted, except as otherwise provided in this Law, no unit or individual shall, without the permission of the patentee, implement its patent, that is, it shall not manufacture, use, promise to sell, sell or import its patented products for the purpose of production and business, or use its patented method and use, promise to sell, sell or import the products directly obtained in accordance with the patented method. The design patent right shall not be used for the purpose of production and business. After the design patent is granted, any unit or individual without the permission of the patentee, shall not implement its patent, that is, shall not for the purpose of production and management of manufacturing, promise to sell, sell, import its patented design products.
Legal basis: "the Chinese people's *** and the patent law" The utility model refers to the shape of the product, the structure or the combination of the new technical program suitable for practical use. The difference between a utility model and an invention is that: firstly, a utility model is limited to a product with a certain shape, not a method or a product without a fixed shape; secondly, the creativity requirement for utility models is not too high, while the practicality is stronger. For example, the shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical program proposed for the shape of the product can be a technical program proposed for the spatial shape of the three-dimensional form of the product, for example, the improvement made to the shape of the cam, the shape of the cutter; it can also be a technical program proposed for the two-dimensional form of the product, for example, the improvement of the shape of the cross-section of the profile.