From the perspective of the Patent Law: If it is not illegal, the Patent Office does not care who makes it first or thinks of it first, it only looks at who applies first.
Based on the "Anti-Unfair Competition Law": it may be an infringement of other people's business secrets, a minor civil infringement, and a serious crime.
The constituent elements of the crime of infringing other people’s trade secrets are: ① the infringement is a trade secret; ② others have taken confidentiality measures; ③ obtained by illegal means; ④ causing heavy losses. Failure to meet the above four requirements does not constitute the crime of infringement of trade secrets.
In addition, there is no crime of infringement of technical secrets