The above questions are related to the development of the situation, but in any case:
1. How much do I have to pay when the other party gets the patent book?
As for the part before the announcement of his patent authorization, because the patent right did not come into being, you have no infringement, and you don't need compensation at all.
2. if I stop producing and selling this product before the other party gets the patent, do I still have to pay compensation?
no need. Answer is the same as 1.
3. The product of the other party is totally transparent. If the body (pen holder) of my pen is solid color, does it still constitute infringement?
this is not clear. Because similarity seems to be infringement. Depend on whether they are similar.
4. Is it illegal for the other party to mark the patent number on the product before the patent is approved?
yes. Patents that have not been approved cannot be marked. You can report to the industry and commerce department and the intellectual property law enforcement department.
5. The other party imitates a patented similar product in the market, but the shape has been modified, but the printed part of the pen body is still similar to that one, and the marked model is the same. Is the other party's patent still valid?
not necessarily. It depends on whether his patent application is the same as or similar to the existing design.
In fact, if you made the product or prepared to make the product before his application date, but it did not constitute publicity, you have obtained the right of first use, and you can continue to make it within the scope determined before the application date.
If you have disclosed the product or design drawings before his application date, you will:
1. You may request the Patent Reexamination Board to declare the patent invalid
2. Even if he accuses you of infringement, you can defend it with freely known technology.